Disagreeing With the Outcome
Thinking the Tribunal should have reached a different factual conclusion does not, by itself, provide grounds for an Upper Tribunal appeal.
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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.
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Book on EventbriteUnhappy With a First-tier Tribunal Decision: Can You Appeal?
Beverley Watkins explains why being unhappy with the outcome is not enough by itself and why an appeal to the Upper Tribunal must be based on a point of law.
Video by Beverley Watkins, Managing Partner at Watkins Solicitors.
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.
An Error of Law
There must be an identifiable legal mistake in the way the Tribunal approached or decided the case.
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
The Tribunal may have approached the issue using the wrong legal test or legal framework.
Failed to Consider Relevant Evidence
A legal issue may arise if relevant evidence that should have been considered was not properly taken into account.
Considered Irrelevant Matters
The Tribunal may have taken into account matters that it should not have relied upon when reaching its decision.
Reached an Unreasonable Decision
A potential error may arise where the decision is one 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.
Received a First-tier Tribunal Decision?
If you have received a First-tier Tribunal decision and would like advice about whether there may be grounds to appeal, our specialist Education Law team can review the written decision and advise you on the possible next steps.
Watch the Video and Get Support
The full video, featuring Beverley Watkins answering this parent question, is available above and 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.
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.