A new education law comes into force in Wales on 1st September 2021.  The Additional Learning Needs and Education Tribunal (Wales) Act 2018 changes how children and young people aged 0-25 years with additional learning needs (ALN) will have their needs assessed, planned and monitored. These changes will be introduced gradually over the next 3 years. We will be updating our information resources in line with the new changes but for information on how this may affect your education or your child’s education in the meantime, please contact our Education Rights Helpline.

You can read more about the new Act here.

The Special Educational Needs Tribunal for Wales (SENTW) is a legal forum which hears certain disputes that parents and/or children and young people have with their Local Authority (LA).  

Parents/carers of a child with special educational needs (SEN) can appeal to the Tribunal. Children and young people with SEN who disagree with a decision made about their education are also able to appeal. 
 
Please note this doesn’t cover disability discrimination claims, which are also heard by SENTW. 
 

What decisions can I appeal? 

You can appeal against the local authority if it: 

• will not carry out a statutory assessment of a child or young person’s SEN (as long as no assessment has taken place in the previous six months) 
• refuses to issue a statement of SEN, following a statutory assessment  
• refuses to reassess a child or young person’s SEN 
• decides to cancel a child or young person’s statement  
• refuses to change the name of the school in the statement, if the statement is a least one year old and a previous request has not been made in the previous 12 months (this is limited to the type of school that is already named in the statement and information in part 2 or 3 of the statement can’t be changed) 
• decides not amend the statement after a child or young person’s SEN has been reassessed.  

You can also make an appeal against the contents of a statement if you disagree with one or more of the following: 

• the description of your child’s special educational needs (Part 2) 
• the SEN provision (Part 3) 
• the school named (Part 4) 
• the fact that no school is named in Part 4
   

What decisions can’t I appeal? 

You can’t appeal to the tribunal: 

• if your child is not receiving the provision detailed in the statement   
• if the LA decides not to maintain a statement following an annual review  
• about the length of time the LA took to carry out the assessment or the way it did it  
• about how the LA or school is delivering the help set out in a statement  
• about the way the school is meeting a child or young person’s needs at school action or school action plus  
• about the description of your child’s non-educational needs and how the LA plans to meet them (part 5 and 6).  

If you have a complaint about the school named in the statement then contact Estyn and the Public Service Ombudsman for Wales respectively.  You can also speak with the LA’s independent Disagreement Resolution Service (DRS). 
 

Appeals to the tribunal 

How to appeal  

You need to complete the SEN Appeal Application form and follow guidance provided by SENTW in its How to make an appeal – A guide for parents. This explains: 

• making an appeal, including time limits and deadlines 
• what information or documents you need to submit 
• the procedure once the tribunal receives your appeal 
• case statements   
• the appeal hearing  
• the tribunal’s decision and timescales 

Deadline for appealing 

Your appeal has to be lodged within two months from the date you received the decision letter. If you have missed the deadline, contact SENTW for advice.  

Case statements 

A case statement is an opportunity for you to expand on your reasons for appeal and provide the tribunal with further or new evidence in support.  
 
If you are a parent appealing, it’s important that your child’s views are also recorded in the case statement. Similarly, if a child or young person appeals, the views of their parent or carer must be recorded.   
 
The LA’s case statement must contain details of why it is opposing your appeal and evidence it has in support. It provides a summary of facts, what steps it has taken to resolve the disagreement and what your child thinks about the issues.  

The appeal hearing 

Your appeal will be heard by a panel of three people, a legally qualified chairperson and two other members who will each have some knowledge and expertise in SEN.   

The tribunal panel will look at your evidence and that of the LA before making a lawful decision on the best way for the dispute to be resolved. 

The tribunal is independent from local and national government and should be accessible to parents and children without legal representation. 
 
Further information on the tribunal process, including witnesses and the hearing itself, can be found in SENTW’s guide for parents.  

Arrangements for appeals by children and young people with SEN 

Children and young people in Wales can make their own appeal if they disagree with a decision about their education. Alternatively, they can appoint a ‘case friend’ to make the appeal for them and accompany them to tribunal. To do this they must complete the Tell us if you have a case friend form.  
 
The case friend has to complete a declaration of suitability form and submit it to the tribunal.  

If the case friend is not a close family member, then they need to get an enhanced Disclosure and Barring Service  check and send it to the tribunal showing that there is nothing that disqualifies them from working with children and young people.
   

What to do if you don’t agree with tribunal’s decision 

You can’t challenge the decision on the grounds that you disagree with it. However, you can ask the panel to review the decision if you feel there was a technical problem with the decision and how it was made.  
 
You can make an appeal to the Administrative Appeals Chamber of the Upper Tribunal, but you must apply to the tribunal for permission to appeal before doing so.   
 
You have 28 days from the date the decision was issued to ask for a review or permission to appeal to the Upper Tribunal. 
 
Overturning a tribunal decision is rare and difficult, we advise that you seek legal advice from a solicitor specialising in education law if you decide to do this.  
  

What to do if the LA has not implemented the tribunal’s decision 

The tribunal’s decision is legally binding and the LA must follow it. If it doesn’t, you should contact the Public Service Ombudsman for Wales and make a formal complaint or you can contact our Education Rights Service.
  

Further help from our charity 

Our Education Rights Service has a Tribunal Support Line that can help you consider your options if you have a right of appeal and can offer ongoing support. 
 

Useful contacts 

SNAP Cymru can provide support and advice to families with a child with SEN.  
 
The Special Educational Needs Tribunal for Wales (SENTW) 
Civil Legal Advice (CLA)  
 

You can also visit our Autism Services Directory to search for solicitors who specialise in education law.