Unhappy with a First-tier Tribunal Decision: Can You Appeal?

Parents sometimes contact us after receiving a decision from the First-tier Tribunal (Special Educational Needs and Disability). This is the independent court that hears appeals about Education, Health and Care Plans, including refusals to assess, refusals to issue an EHCP, the contents of a plan, and school placements.

After a hearing, the Tribunal issues a written decision. Some parents feel disappointed or believe the decision is wrong. A common question we hear is whether you can appeal simply because you disagree with the outcome.

In a recent video on our Education Law TikTok channel, Beverley Watkins, Managing Partner at Watkins Solicitors, explains when a First-tier Tribunal decision can be appealed and what parents need to understand about the process.

You cannot appeal just because you disagree

Being unhappy with a Tribunal decision is not enough to bring an appeal. You cannot appeal simply because you do not like the outcome or think the Tribunal should have reached a different conclusion on the facts.

Appeals to the Upper Tribunal can only be made on a point of law.

What does “a point of law” mean?

A point of law means that the Tribunal must have made a legal error. For example, it may have:

• Applied the wrong legal test
• Failed to consider relevant evidence
• Taken into account matters it should not have considered
• Reached a decision that no reasonable Tribunal could have reached

It is not enough to argue that the evidence should have been weighed differently. There must be a clear legal mistake.

Why legal advice is important

Identifying an error of law is not straightforward. It requires careful review of the written decision and the legal framework that applied to the case.

The decision may feel wrong, but unless there is a legal error, there are no grounds to appeal to the Upper Tribunal.

Next steps after a Tribunal decision

If you are unhappy with a First-tier Tribunal decision, it is important to act quickly. Strict time limits apply to appeals to the Upper Tribunal.

Seeking early advice can help you understand whether there are realistic grounds for appeal and what the process would involve.

Watch the video and get support

The full video, featuring Beverley Watkins answering this parent question, is available on our Education Law TikTok channel.

If you have received a First-tier Tribunal decision and would like advice about whether you have grounds to appeal, our specialist Education Law team is here to help.

You can contact us by emailing education@watkinssolicitors.co.uk or calling 0117 939 0350 to discuss your situation and next steps