Special Educational Needs and Disability Tribunal (SENDIST)
Produced in partnership with Shazia Akhtar of Hardwicke Chambers

The following Local Government practice note produced in partnership with Shazia Akhtar of Hardwicke Chambers provides comprehensive and up to date legal information covering:

  • Special Educational Needs and Disability Tribunal (SENDIST)
  • What is the Special Educational Needs and Disability Tribunal (SENDIST)?
  • How is a panel constituted?
  • When can an appeal be made to the First Tier Tribunal?
  • Time frame for hearing an appeal
  • Appeals procedure
  • Mediation
  • Evidence
  • Witnesses
  • Amending an appeal notice and making a ‘Request for Change’
  • More...

Special Educational Needs and Disability Tribunal (SENDIST)

Coronavirus (COVID-19): This Practice Note contains guidance on subjects impacted by the Tribunal Procedure (Coronavirus) (Amendment) Rules 2020, SI 2020/416. These changes came into force on 10 April 2020. For more information, see: LNB News 09/04/2020 55 and Practice Note: Changes to SEND procedure during coronavirus (COVID-19) response. For more updates regarding the COVID-19 impact on the education sector, see: Coronavirus (COVID-19) and local government—overview and Coronavirus (COVID-19)—education tracker. See also the Coronavirus (COVID-19) toolkit, which provides easy access to news, practical guidance and Q&As from across a number of Practice Areas (subject to subscription).

What is the Special Educational Needs and Disability Tribunal (SENDIST)?

The Special Educational Needs and Disability Tribunal (SENDIST) is part of the First Tier Tribunal (FTT) (Health, Education and Social Care Chamber (the Tribunal)).

Appeals in respect of decisions of the FTT are made to the Upper Tribunal (UT).

The FTT deals with appeals in relation to children and young people with special educational needs (SEN) as well as claims of disability discrimination in relation to school and local authorities (such as exclusions from schools).

How is a panel constituted?

Panels of the FTT are usually made up of three members (although increasingly there are two member panels). The panel always has a legally qualified chair, and the other members are experienced in SEN and disability issues.

The UT is comprised

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