The Special Educational Needs and Disability Tribunal (SENDIST) is a legal forum which hears certain disputes between parents and the education authority (EA).   

This guide tells you what decisions you can appeal and the appeal process. It doesn’t cover disability discrimination claims, which are also heard by SENDIST.
 

What decisions can I appeal? 

Parents and carers of a child or young person with special educational needs (SEN) can appeal if the EA: 

• will not carry out a  statutory assessment or re-assessment of your child’s needs (as long as no assessment has been carried out in the last six months) 
• refuses to issue a statement of SEN following a statutory assessment (a Note in Lieu may be issued but this is still a refusal to make a statement and can be appealed) 
• has made or amended a statement and you disagree with the description of your child’s SEN in Part 2, the special educational provision specified in Part 3 or the school named in Part 4 
• has either not named a school placement in Part 4 of the statement or refuses to change it (as long as you have asked for a grant-aided school and your child’s statement has been maintained by the EA for at least a year) 
• refuses to amend a statement after a statutory reassessment.
   

What decisions can’t I appeal? 

You can’t appeal to the tribunal if you have a complaint about your child’s school or if your child is not receiving the provision set out in their statement. You will have to speak to your child’s school and/or the EA.  
 
If you still have concerns after speaking to the school or EA you may be able to complain to the Department of Education or Northern Ireland Ombudsman. You may also want to consider contacting the EA’s Dispute Avoidance and Resolution Service (DARS) officer. 
 

How SENDIST operates  

Your appeal will be heard by a panel of three people:  

• a legally qualified chairperson, and  
• one or two other members, who will have some knowledge and expertise in SEN.  

The tribunal panel will look at evidence from both you and the EA before making a decision according to the law on the best way for the dispute to be resolved. 
 
The tribunal is independent from local and national government.
 

The SENDIST appeal process  

How do I appeal?   

You need to complete the SEN appeal form.  Before doing so, you should read the How to appeal booklet.  
 
When you return the form, you’ll need to enclose:   

• the decision letter from the EA 
• a copy of statement and appendices (reports) where one exists, or Note in lieu and appendices 
• a copy of statutory assessment/reassessment request letter, if relevant 
• details of the school you wish your child to attend, if relevant.  

You must lodge your appeal within two months from the date you received the decision letter from the EA. If you have missed your deadline contact SENDIST for advice. 

When the tribunal receives your appeal form, they’ll check and register it, then send you a registration document and appeal number within 10 days. If you’ve missed any essential information, they’ll contact you. You’ll usually have ten days to supply this. 

The registration document will give you some important deadline dates that you need to stick to: 

• the deadline for you to send back the Attendance Form informing the tribunal of any witnesses, representative or supporters you wish to bring to the appeal hearing 
• the deadline for you and the EA to send your case statements to the tribunal (normally 30 working days after your appeal is registered).  

Before completing the attendance form you should read the accompanying guidance.

Preparing a case statement and extra evidence 

Your case statement is an opportunity for you to expand on or update your reasons for appeal and to provide the tribunal with any further or updated evidence.  
 
While you have a choice about whether to submit a case statement the EA must submit one within the deadline. The EA’s case statement must contain details of why it is opposing your appeal and any evidence it has in support. It should also provide a summary of the facts and what your child’s thoughts are.   
 
If you (or the EA) have extra evidence that is not available before the end of the case statement period, it will normally be accepted if the tribunal and other party receive it at least five working days before the hearing. If it isn’t, you (or the EA) will need to ask for permission to present it at the hearing and provide six copies of it. 
 
It will only be accepted if there are exceptional circumstances and if your child’s interests would be adversely affected if the tribunal were not to take the evidence into account.

Witnesses 

You are allowed to bring two witnesses to the hearing. If you want to bring more, you’ll need to request this on the Attendance Form or in a separate letter. 
 
The EA will normally bring at least two witnesses who know your child and can comment on their SEN. This will often be a teacher and an educational psychologist or therapist. 
 
While these are formally recorded as the EA’s witnesses, their duty is to give accurate and up-to-date information about your child and their SEN. It’s often the case that their presence will also be helpful to you and that it’s not necessary for you to bring any witnesses along to the hearing. 
 
If there is someone who the EA is not bringing as a witness that would be helpful to your case, then ask them if they are prepared to be your witness. They may not want to do this if they are employed by the EA. 
 
If they do refuse, you can write to the President of the Tribunal explaining why you think it is important for them to attend. If the President  agrees, they will issue a witness summons, so that the person has to attend the tribunal. 
 
If you obtained independent evidence as part of your appeal and the EA is disputing it, then ask your independent experts along as witnesses so they can answer any questions or defend any challenges to their reports.     
 
You can also bring up to two people with you for support, but they aren’t allowed to take part in the hearing.  
 

The SENDIST hearing 

Once you arrive at a hearing you should find that the panel have read all of the paperwork relating to your appeal and are familiar with the case, your views and the opposing views of the EA.   
 
There may be some preliminary issues for the tribunal to deal with, such as any applications you or the EA have made to admit late evidence. The tribunal panel will compile a potential ‘list of issues’ which they have identified as being the main things to be decided on and you will be given an opportunity to add to or remove things from this list at the beginning of the hearing.  
 
At the hearing you will be given the chance to put your views across, call witnesses and ask the EA’s witnesses questions. You will also have the chance to present a summary of your case. The EA will have the chance to do the same. Usually the panel will have their own questions they will wish to ask the witnesses. 
 
Your child can attend and express their views at the hearing if they want to, but are not expected to attend and it’s unlikely that the Chair will agree to them staying for the whole hearing. 
 
Further guidance on attending a tribunal is available.
 

SENDIST’s decision 

The tribunal will look at all the information and evidence provided both in written form and at the hearing. 
 
Once they have made a decision, they will aim to write to you and the EA within 15 working days of the hearing. The letter should explain how and why the panel arrived at their decision.
 

What to do if you disagree with the tribunal’s decision 

You can’t challenge the decision on the grounds that you disagree with it. You may be able to able to ask the panel to review the decision if there was an obvious error. 

You only have 10 working days from the date the decision was issued to ask in writing for a review. 
 
You and the EA have a further right of appeal to the High Court if you feel the tribunal has made a mistake about the law. 
 
Overturning a tribunal decision is difficult and there are very limited circumstances in which this happens.  
 
We advise that you seek legal advice from a lawyer specialising in education law.
 

What to do if the EA has not implemented the tribunal’s decision 

If the EA has been ordered to carry out certain actions, it will have strict timescales in which to do so.  

The tribunal’s decision is legally binding and the EA must follow it. If you don’t think it has you  should contact the Department of Education and make a formal complaint.
 

Tribunal timescales  

The tribunal will aim to hear your case within 14 weeks from the date that they registered your appeal and aim to give a decision within three weeks of the hearing.  
 
This process may take longer for various reasons, such as adjournments or public holidays. Write to the tribunal and request an earlier date, if you feel that the matter needs to be resolved urgently.
 

Finding legal help 

You may want to instruct a solicitor to act on behalf of your child. Our autism services directory includes solicitors with experience in SEN law.  
 
The Northern Ireland Legal Services Commission may be able to offer assistance in some education cases for families on a low income or benefits.
 

Useful contacts 

The Children’s Law Centre 
SENAC (Special Educational Needs Advice Centre) 
Special Educational Needs and Disability Tribunal website has information about the process and a number of information leaflets you can download.
Department of Education 
Dispute Avoidance and Resolution Service (DARS) 
The Equality Commission for Northern Ireland