SENDIST - Who are they?

4 July 2023

Who are SENDIST?

What is SENDIST? An In-Depth Guide to the Special Educational Needs and Disability Tribunal: Understanding SENDIST and Its Primary Role

SENDIST stands for the Special Educational Needs and Disability Tribunal. Operating as part of the Health, Education and Social Care Chamber within the First-tier Tribunal, SENDIST is an independent, national judicial body responsible for hearing and determining legal appeals against decisions made by Local Authorities (LAs) across England regarding a child or young person's special educational needs and provision.

When disagreements arise between families and Local Authorities concerning an Education, Health and Care Plan (EHCP) or an initial assessment, SENDIST provides a legal framework to resolve these disputes.-----What Local Authority Decisions Can Be Appealed?

Parents, carers, and young people can lodge an appeal with SENDIST under specific statutory grounds. The tribunal handles appeals concerning:

  • Refusal to Assess or Reassess: Decisions where the Local Authority refuses to carry out an EHC needs assessment or reassessment for a child or young person.
  • Refusal to Issue a Plan: Decisions where the Local Authority completes an assessment but refuses to issue an EHCP.
  • Disagreements Over EHCP Content: Disagreements regarding the contents of a final or amended EHCP, specifically:
  • Section B: The description of the child or young person’s special educational needs.
  • Section F: The special educational provision required to meet those needs.
  • Section I: The educational placement or setting named in the plan, or the type of setting.
  • Annual Reviews & Cease to Maintain: Decisions made following an Annual Review, or decisions to cease to maintain an existing EHCP.
  • Health and Social Care Recommendations: Under tribunal powers, SENDIST can also make non-binding recommendations regarding Health (Sections C and G) and Social Care (Sections D and H) when an educational appeal is lodged.



The tribunal framework is built upon three foundational pillars:

  1. Impartiality and Fairness: SENDIST acts as an independent referee. It evaluates each case strictly against education law—such as the Children and Families Act 2014 and the SEND Code of Practice—rather than relying on local authority policies or financial constraints.
  2. Specialist Panel Expertise: Appeal hearings are conducted before an expert panel led by a legally qualified Tribunal Judge alongside up to two specialist panel members with deep experience in special educational needs law, educational psychology, and practice.
  3. Legally Binding Determinations: The decisions issued by SENDIST are legally enforceable. If the tribunal orders a Local Authority to carry out an assessment, issue an EHCP, alter specified support, or name a different school, the Local Authority must comply within fixed statutory timeframes.


  • Who Can Appeal: For children from birth up to compulsory school age (the end of Year 11), parents or carers submit the appeal. Young people aged 16 to 25 can submit an appeal in their own right, or parents can appeal on their behalf if requested or if the young person lacks capacity.
  • Statutory Time Limits: An appeal must be received by SENDIST within 2 months from the date on the Local Authority’s final decision letter, or within 1 month from the date on the mediation certificate, whichever date is later.
  • Mediation Requirement: In most cases, appellants must contact a mediation adviser to consider mediation before submitting an appeal form (SEND35 or SEND35a). Obtaining a signed mediation certificate is mandatory unless the appeal relates solely to the named school or educational setting in Section I.



The standard appeal timeline spans approximately 12 to 16 weeks from registration to the final hearing:

  1. Lodging the Appeal: The appellant completes the appropriate appeal form (SEND35 for EHCP contents/refusals or SEND35a for refusal to assess). This includes submitting grounds of appeal, the decision letter, the mediation certificate, and supporting evidence such as medical, psychological, or therapy reports.
  2. Registration & Timetable: Once accepted, SENDIST registers the appeal and issues Case Management Directions setting key deadlines.
  3. Local Authority Response: The Local Authority is required to submit a formal response setting out its legal stance and supporting evidence.
  4. Working Document & Evidence Gathering: For appeals concerning plan contents, both parties work through a 'Working Document' to negotiate agreed points and highlight remaining disputes. Final evidence (such as expert independent witness reports) must be submitted by the specified deadline.
  5. The Hearing & Decision: Hearings are primarily conducted online via video, though paper hearings or in-person hearings can occur. Both parties present their arguments, reference the compiled appeal bundle, and answer questions from the panel. A written decision is typically issued within 10 working days following the hearing.


How EHCP4kids Can Support Your Appeal

Navigating the tribunal process can feel daunting, but you do not have to do it alone. Professional guidance ensures your evidence is structured effectively, legal arguments are clearly articulated, and statutory deadlines are strictly met.

At EHCP4kids, we assist families through every stage of the EHCP appeal journey—from drafting detailed grounds of appeal and negotiating working documents to coordinating expert witness evidence and providing representation at hearings.

If you need professional support with your EHCP appeal, contact us today.