SEND Tribunal - Extended Appeals
From April 2018 to 31 August 2021, the Special Educational Needs and Disability Tribunal (the “SEND Tribunal”) ran a trial period whereby its powers were extended beyond disputes in relation to education, to include health and social care issues too. This is referred to as the “National Trial”. Since the Department for Education confirmed the extended powers would continue beyond August 2021, appeals involving health and/or social care are referred to as “extended appeals”.
The SEND Tribunal now represents a single route of redress for children and young people with special educational needs and disabilities who also have health and social care needs. As well as having the power to order amendments to Sections B, F and I of an EHC plan (this has always been the case), the Tribunal can now recommend changes to sections C (health needs), D (social care needs), G (health provision), H1 and H2 (social care provision).
The SEND Tribunal can use its extended powers in appeals against the following decisions:
- A decision not to issue an education health and care plan following an EHC needs assessment
- A decision not to carry out a re-assessment for a child/young person who has an EHC plan
- A decision not to amend an EHC plan following a review or re-assessment
- A decision to cease to maintain an EHC plan
- the description of the child/young person’s special educational needs in an EHC plan
- the special educational provision specified in an EHC plan
- the school or other educational institution named in an EHC plan
Parents and young people can ask for recommendations about health and/or social care in all appeals except refusal to assess decisions. However there has to be an educational part to the appeal for it to be considered under the SEND Tribunal’s extended powers.
You can read the full guidance about SEND Tribunals - Extended Appeals on the Gov.uk website "SEND Tribunal: Extended Appeals".