Tribunal and mediation

This is for when you are in dispute with the local authority (not the school) over an EHC plan: they refused to assess, refused to issue a plan, or issued a plan whose contents you disagree with. Two routes come up: mediation and the Tribunal. Neither is as frightening as it sounds. This is England-specific; check your nation if you are elsewhere in the UK. This is information and preparation help, not legal advice.

Mediation is a meeting, with an independent mediator, to try to settle the dispute without a hearing. The mediator is neutral. Each side sets out what they want, the mediator helps you find where you can agree, and anything agreed should be written down clearly before you leave. Know your bottom line before you walk in, and do not agree to vague wording just to end the meeting. If it is not specific, it is not safe.

The Tribunal is the First-tier Tribunal (Special Educational Needs and Disability), an independent panel that decides the dispute. It is not a courtroom in the way TV suggests. It is more formal than a school meeting, but it is built to be usable by parents without a lawyer. The panel works through the disputed issues one at a time, both sides explain their position and answer questions, you get your chance to make your points, and the decision usually comes later in writing. Your job is to answer questions directly, keep coming back to your child’s needs and the evidence, and stay calm.

A reality check that should steady you. Most parents who appeal do well. In 2024/25, of the SEND appeals that were decided at a hearing, around 99% were upheld in the appellant’s favour (Ministry of Justice, Tribunal Statistics Quarterly). That is the success rate among cases that reached a decision, not a promise about your case. Every case turns on its own facts. But it tells you the system is not stacked against prepared parents.