Disagreement With the Outcome
Believing that the Tribunal should have reached a different conclusion on the facts does not, on its own, provide a legal basis for challenge.
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Can You Challenge a SEND Tribunal Decision If You Think It Is Wrong?
After receiving a SEND Tribunal decision, some parents are left feeling that the outcome does not reflect their child’s needs. A common question we hear is whether a Tribunal decision can be challenged if a parent believes it is wrong.
In a recent video on our Education Law TikTok channel, Beverley Watkins, Managing Partner at Watkins Solicitors, explains when a SEND Tribunal decision can and cannot be challenged.
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Book on EventbriteCan You Challenge a SEND Tribunal Decision If You Think It Is Wrong?
Beverley Watkins explains why disagreement with the outcome is not enough by itself and why a successful challenge must identify a legal error in the Tribunal’s decision.
Video by Beverley Watkins, Managing Partner at Watkins Solicitors.
Disagreeing With a Decision Is Not Enough
Beverley explains that a SEND Tribunal decision cannot be challenged simply because a parent disagrees with the outcome. Even where a decision feels unfair or disappointing, that alone is not enough to bring a challenge.
SEND Tribunal decisions can only be challenged where they are wrong in law.
A Decision That Is Wrong in Law
There must be an identifiable legal error in the Tribunal’s reasoning or approach to the case.
What Does Wrong in Law Mean?
A legal error might include situations where the Tribunal:
Applied the Wrong Legal Test
The Tribunal may have approached an issue using the wrong legal test or legal framework.
Failed to Consider Relevant Evidence
A challenge may arise where evidence that should have been considered was not properly taken into account.
Considered Matters It Should Not Have
The Tribunal may have relied upon matters that were not legally relevant to the decision it had to make.
Reached an Unreasonable Decision
A legal issue may arise where no reasonable Tribunal could have reached the decision on the evidence before it.
Identifying whether a decision contains a legal error is not straightforward. The challenge is about the law and the Tribunal’s reasoning rather than simply asking for the facts to be reconsidered.
Why Legal Advice Is Important
Beverley explains that parents will almost certainly need advice from a solicitor to challenge a SEND Tribunal decision. This is because the challenge is not about re-arguing the facts of the case, but about identifying and clearly setting out the legal error in the Tribunal’s reasoning.
Without this, it can be very difficult to know whether a challenge is possible or appropriate.
Support for Parents After a Tribunal Decision
Receiving a Tribunal decision can be an emotional moment for families, particularly where concerns remain about a child’s education or support. Understanding what options are available, and whether a legal challenge is realistic, can help parents decide what to do next.
Our Education Law team regularly advises parents following SEND Tribunal decisions, including whether there may be grounds to challenge a decision and what the next steps would involve.
Unsure Whether a SEND Tribunal Decision Can Be Challenged?
If you have received a SEND Tribunal decision and are unsure whether it may be wrong in law, our specialist Education Law team can review the decision and advise on the possible next steps.
Watch the Video and Get Support
The video, featuring Beverley Watkins answering this parent question, is available above and on our Education Law TikTok channel.
If you have received a SEND Tribunal decision and are unsure whether it can be challenged, our specialist Education Law team is here to help.
You can contact us by emailing educationdept@watkinssolicitors.co.uk or calling 0117 939 0350 to discuss your situation and next steps.
Education Law TikTok
Our Education Law TikTok features short videos from the Watkins Solicitors Education Law team answering common questions about EHCPs, SEND provision, school placements, Annual Reviews and SEND Tribunal appeals.
Follow @watkinssolicitors.sen for practical explanations from our specialist team and to see our latest SEND and Education Law videos.