Tribunal Appeals & Judicial Review.

Sometimes. You cannot appeal simply because you disagree with the outcome. An onward appeal lies to the Upper Tribunal, but only on a point of law — for example, where the tribunal misapplied the legislation, failed to give adequate reasons, or reached a decision no reasonable tribunal could have reached. You must ask for permission to appeal, usually within 28 days of the decision. Because the grounds are narrow and technical, it is worth taking advice promptly if you think the decision was legally wrong. In some situations, a fresh application or a judicial review may be more appropriate than an onward appeal.

Yes, and the two often go together. If a school has treated a disabled child unfavourably — for example, by excluding them for behaviour connected to their disability, or by failing to make reasonable adjustments — you can bring a disability discrimination claim under the Equality Act 2010. In England this is heard by the SEND Tribunal; in Wales, by the Education Tribunal for Wales. A discrimination claim can run alongside an appeal about an EHC plan or IDP, or alongside an exclusion challenge. The deadline for a discrimination claim is six months from the act complained of, which is different from the appeal deadline, so it is important to keep both in mind.

No — you can bring an appeal yourself, and many parents do. The tribunals are designed to be accessible, and you do not need a lawyer to take part. That said, appeals are won on evidence and on how clearly the case is put. A specialist solicitor can help you gather the right expert reports, prepare a working document setting out the provision in dispute, and present your case at the hearing — which can make a real difference to the outcome, particularly in complex cases. We are honest from the outset about whether an appeal is likely to succeed and where your time and money are best spent.

Most appeals are resolved within a few months of being lodged, though the exact timing depends on the tribunal's workload and the type of appeal. Appeals are managed through a series of directions — deadlines for exchanging evidence and witness statements — leading up to a hearing. Some appeals, such as those about a placement at a phase transfer (for example, moving to secondary school), are prioritised so that they are decided before the new school year. Others can take longer. We help you keep the case moving and meet every direction on time, because missed deadlines can set an appeal back.

Strong appeals are built on independent, specialist evidence. Depending on the case, that can include reports from an educational psychologist, a speech and language therapist, an occupational therapist, or a paediatrician, alongside evidence from the school about what has been tried. Where the dispute is about provision, a working document — a side-by-side comparison of the wording each party proposes — is central. The tribunal wants provision that is specific and quantified, so general statements rarely carry weight. We advise on which experts to instruct and help you assemble evidence that meets what the tribunal is looking for.

Appeal deadlines are strict. In England, you have two months from the local authority's decision, or one month from a mediation certificate, whichever is later. In Wales, you have eight weeks from the decision, extended to sixteen weeks if you use disagreement resolution first. If you miss the deadline, the tribunal may still accept a late appeal in limited circumstances, but this is not guaranteed. Where a statutory appeal is no longer available, judicial review may be the only route — and that has its own short time limit of three months. If you think you are out of time, take advice quickly: acting early keeps your options open.

A tribunal appeal is a challenge on the merits, available where the law gives you a specific right of appeal — for example, against a refusal to assess, the contents of a plan, or the school named in it. The tribunal can substitute its own decision. Judicial review is different: it is a challenge to the lawfulness of a public body's decision, used where there is no right of appeal — for example, a failure to deliver provision, an unlawful exclusion, or an error by an admission panel. It asks only whether the decision was lawful, rational and fair, not whether it was right. Judicial review is a remedy of last resort, with a strict three-month time limit, and other routes usually have to be tried first.

The tribunals do not usually order one side to pay the other's costs, so you will not normally be ordered to pay the local authority's costs if your appeal does not succeed. You will, however, be responsible for your own costs — including any expert reports you choose to obtain and any legal help you instruct. We charge by the hour and give you a written estimate at the outset, so you can decide how much support you want and where it adds most value. Some families handle parts of an appeal themselves and ask us to help with the most important stages, such as the working document and the hearing.