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SEN

Here you'll find advice from parents and teachers on special needs education.

Tribunal help

9 replies

Sostressedout89 · 30/01/2026 19:13

Can anyone help with a step by step on how to go to tribunal for section B F and I ?

I have the mediation certificate
The consults with schools and reason why all but the one we wanted has said can not meet need (all specialists and SRPs)

Well other then this mainstream which makes me wonder if no specialists or SRPs could meet need other then one.

The school that my child has been given has said that in order to meet need they need significant funding and parts of the section F changed to a minimum of an hour to only 30 minutes before lessons and instead of personalised curriculum to my sons interests and needs to target led interventions within there mainstream curriculum is that even allowed?

Im also finding it really difficult as in cross referencing B and F (how does one do that?).

Also independent EP is this worth it?
I heard its a long waiting time, when would I need to give this evidence in by?
I want to tighten wording in F (what staff,how many pupils in class instead of high adult to pupil that sort of thing).

I have also been given loads of documents from the school he is at now which will be beneficial to back up why this mainstream will be detrimental to my child.

Just so out of my depth.

OP posts:
ExistingonCoffee · 30/01/2026 20:23

You submit the SEND35 form to SENDIST with the mediation certificate, the LA's letter, EHCP and evidence listed in K (if you don't have it all, don't panic) and any evidence you have so far.

Provision should be based on what DC reasonably requires, not written to fit a particular placement.

You cross reference B&F to your evidence, e.g. EP report, SALT, OT. To start, go through all the reports with highlighters. Highlight all special educational needs in one colour and all the special educational provision to meet needs in another colour. Each need should have corresponding provision. There should also be corresponding outcomes.

Then go through the draft and make sure all the highlighted needs are in B and the highlighted provision is in F. Make a note of anything omitted, any needs without corresponding provision, any woolly and vague wording, and anything the reports have failed to include. Some people find it helpful to make a table.

When checking F look out for vague and woolly wording - “access to”, “or equivalent”, “opportunities for”, “as appropriate”, “would benefit from”, “regular”, “up to”, “would be useful/helpful”, “such as”, “e.g.”, “etc.”, “as required”, “as advised”, “key adult(s)”, “small group”. If provision isn’t detailed, specified and quantified, the EHCP isn’t worth the paper it is written on and cannot be enforced.

When you come across vague and woolly wording, check the reports to see if they are woolly and vague or if the LA has watered down provision. Provision in EHCPs is taken from the reports, so if the reports are vague and woolly, the EHCP will be too. If the reports are vague and woolly, they need improving.

Also make sure any health or social care provision that educates or trains is in F. For example, LAs like to put things like SALT, OT, physio, etc. in G (health care provision) when it belongs in F.

As you move through the appeal process, you will get a working document where you can propose amendments and reference your evidence. But focus on one step at a time, so right now focus on submitting the appeal rather than the WD.

Whether you need independent assessments depends on what evidence you already have. In 99.9% of cases, an independent EP will be far more comprehensive and detailed, specified and quantified than an LA assessment.

When your appeal is registered, you will get a timetable for the appeal. You will have a few months before your evidence deadline, but don’t worry if you will still have evidence to come. You can request late evidence is admitted.

Is your preferred placement wholly independent or not? That determines the rules.

I suggest you make SARs to the LA, current school, any school that has been consulted and any other agency/professional involved.

Sostressedout89 · 30/01/2026 23:08

ExistingonCoffee · 30/01/2026 20:23

You submit the SEND35 form to SENDIST with the mediation certificate, the LA's letter, EHCP and evidence listed in K (if you don't have it all, don't panic) and any evidence you have so far.

Provision should be based on what DC reasonably requires, not written to fit a particular placement.

You cross reference B&F to your evidence, e.g. EP report, SALT, OT. To start, go through all the reports with highlighters. Highlight all special educational needs in one colour and all the special educational provision to meet needs in another colour. Each need should have corresponding provision. There should also be corresponding outcomes.

Then go through the draft and make sure all the highlighted needs are in B and the highlighted provision is in F. Make a note of anything omitted, any needs without corresponding provision, any woolly and vague wording, and anything the reports have failed to include. Some people find it helpful to make a table.

When checking F look out for vague and woolly wording - “access to”, “or equivalent”, “opportunities for”, “as appropriate”, “would benefit from”, “regular”, “up to”, “would be useful/helpful”, “such as”, “e.g.”, “etc.”, “as required”, “as advised”, “key adult(s)”, “small group”. If provision isn’t detailed, specified and quantified, the EHCP isn’t worth the paper it is written on and cannot be enforced.

When you come across vague and woolly wording, check the reports to see if they are woolly and vague or if the LA has watered down provision. Provision in EHCPs is taken from the reports, so if the reports are vague and woolly, the EHCP will be too. If the reports are vague and woolly, they need improving.

Also make sure any health or social care provision that educates or trains is in F. For example, LAs like to put things like SALT, OT, physio, etc. in G (health care provision) when it belongs in F.

As you move through the appeal process, you will get a working document where you can propose amendments and reference your evidence. But focus on one step at a time, so right now focus on submitting the appeal rather than the WD.

Whether you need independent assessments depends on what evidence you already have. In 99.9% of cases, an independent EP will be far more comprehensive and detailed, specified and quantified than an LA assessment.

When your appeal is registered, you will get a timetable for the appeal. You will have a few months before your evidence deadline, but don’t worry if you will still have evidence to come. You can request late evidence is admitted.

Is your preferred placement wholly independent or not? That determines the rules.

I suggest you make SARs to the LA, current school, any school that has been consulted and any other agency/professional involved.

Thank you, makes more sense now.

Just so overwhelming, Im sure I'll be fine when I get going.
I have started on the gov portal now, just saved it for tonight and will hopefully finish it in the morning with what I have got.
I know I can pay for help but Im trying to save up for an EP report which I think would be the most useful to put my money into.

Just to answer what you did on my other thread he is waiting on AP to start.

OP posts:
ExistingonCoffee · 30/01/2026 23:22

You are right to prioritise evidence. The best representation in the country can only work with the evidence available, so you should always prioritise evidence. Have you checked if you are eligible for legal aid? If you are, that can find independent assessments if necessary. If you aren’t eligible for legal aid, look at Parents in Need.

How long have you been waiting for AP to start.

Sostressedout89 · 30/01/2026 23:29

ExistingonCoffee · 30/01/2026 23:22

You are right to prioritise evidence. The best representation in the country can only work with the evidence available, so you should always prioritise evidence. Have you checked if you are eligible for legal aid? If you are, that can find independent assessments if necessary. If you aren’t eligible for legal aid, look at Parents in Need.

How long have you been waiting for AP to start.

We are not entitled to legal aid unfortunately, been waiting 2 months for AP

OP posts:
ExistingonCoffee · 31/01/2026 04:06

If the LA continue to delay AP, you need a pre-action letter.

Sostressedout89 · 31/01/2026 07:17

Its not the LA its the school, the school have to direct his EHCP funding as he is hardly there to AP.
The AP he needs have a waiting list.

OP posts:
Fulmine · 31/01/2026 22:39

SOS SEN has some good recorded webinars on their website about the appeal process. I suggest you watch them, they can be very helpful.

ExistingonCoffee · 01/02/2026 03:11

Don’t let the LA fob you off. Under section 19 of the Education Act 1996, the LA is ultimately responsible for ensuring DS still receives an education. That applies even if DS has an EHCP. They aren’t limited to just their preferred providers.

The LA is also still responsible for providing anything detailed, specified and quantified in F of the EHCP.

Sostressedout89 · 01/02/2026 15:06

ExistingonCoffee · 01/02/2026 03:11

Don’t let the LA fob you off. Under section 19 of the Education Act 1996, the LA is ultimately responsible for ensuring DS still receives an education. That applies even if DS has an EHCP. They aren’t limited to just their preferred providers.

The LA is also still responsible for providing anything detailed, specified and quantified in F of the EHCP.

I know, I feel like im constantly fighting for everything.
But I've sent the apeal of that is a start and im waiting to here from some independent EPs.

OP posts:
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