SEND Tribunal in Kent: Preparing and Representing Yourself

1. Don't Panic: It's Inquisitorial, Not Adversarial

This is the most important thing to understand. In a criminal court, it is "adversarial" — two sides fighting to win, with a judge acting as a referee.

The First-tier Tribunal (Special Educational Needs and Disability), or SENDIST, is "inquisitorial."

This means the panel's job is to find out the truth about what your child needs. They are not there to catch you out. They are there to look at the evidence and ask: "What does this child actually need to learn?"

If you forget to say something, they will often ask you about it. If you don't know the law perfectly, they will guide you. They are experts in SEND, often including a Judge and a specialist member (like a retired SENCO or Educational Psychologist).

You are allowed to represent yourself. Whether specialist representation or advice would help depends on the issues, evidence and your circumstances.

If you haven't already read our EHCP appeal guide for Kent parents, it covers the mediation certificate, deadlines, and how to lodge your appeal before you reach the hearing stage.

2. The Timeline: Follow Your Directions

There is no guaranteed national duration for every appeal. Once an appeal is registered, HMCTS issues case-management directions with deadlines for the response, evidence, Working Document and hearing. Those directions — not an illustrative online timetable — control your case.

Here is the typical rhythm of a Kent appeal:

For every appeal: Keep the directions and key dates together. If another party misses a deadline, tell the tribunal and continue meeting your own dates unless the tribunal varies them.

3. Choose the correct appeal route

Follow GOV.UK’s current appeal instructions. SEND35A is for a refusal to carry out an EHC needs assessment; SEND35 covers other eligible EHC appeals. The online route is not available for a refusal to assess or a claimant in custody; the official page explains post and email routes. Young people may hold the appeal right after compulsory school age.

Identify the decision, the reasons you disagree and the remedy sought. A refusal-to-assess case uses section 36(8)’s assessment test; the later decision whether an EHCP is necessary uses section 37. Evidence should address the test relevant to your appeal.

4. The Working Document for a contents appeal

A Working Document records the existing EHCP wording and the changes each side proposes. Follow the Tribunal’s directions and the agreed key for showing proposed, agreed and disputed changes; colours and formatting are not universal rules.

Match each proposed amendment to the identified need and supporting evidence. Section F should be detailed and specific and normally quantified. A sensory need does not automatically require a particular product or programme. Do not trade away necessary provision merely to obtain another item; get advice if you are unsure about a proposed agreement.

5. Organising Your "Bundle"

The "Bundle" is the master file of all evidence. The Local Authority is responsible for putting this together, but you must send them your documents.

What goes in?

• The essentials: The appeal form, the decision letter, the final EHCP.
• The science: Reports from Paediatricians, OTs, Speech Therapists, Educational Psychologists.
• The school reality: IEPs (Individual Education Plans), provision maps, suspension letters, emails about behaviour.
• Your voice: A "Parent Statement" describing the reality of home life.
• The child's voice: A "All About Me" sheet or a short video (if permitted) showing the difficulties.

Follow the case directions for the evidence bundle, file format and service on the other party. Keep a usable copy of the final bundle; check with the Tribunal if you need an accessible or paper arrangement.

Pagination: The final bundle will be paginated (numbered). In the hearing, the Judge will say: "Please look at page B42." You need to be able to find page B42 fast. If you print it out, use sticky tabs.

6. The hearing and decision

Use the hearing notice and case directions to check whether the hearing is by video or at a venue, the expected duration and how to provide documents. Do not assume all appeals are electronic or use the same video platform. GOV.UK describes a judge with one or two other Tribunal members; arrangements depend on the case.

Tell the Tribunal about a representative, supporter or witnesses using the required case-review process. Ask for disability-related adjustments or communication support as early as possible. The panel may ask you, the local authority and witnesses questions. You can explain the relevant everyday facts in your own words.

GOV.UK says the written decision is usually sent within 10 working days of the hearing. Read the order itself. Under regulation 44, an order to make and maintain an EHCP normally requires a draft within 5 weeks and a final plan within 11 weeks of the order. Other orders have different limits; Tribunal directions and limited statutory exceptions can matter. Ask for advice about the specific order.

Source: GOV.UK hearing guidance.

7. Kent Specific Help

You are not alone in Kent. There is a huge community of parents doing this.

IASK (Information, Advice and Support Kent)

This is the statutory service. They are funded by the council but operate at arm's length. They are free, impartial, and very knowledgeable.

• Website: iask.org.uk
• Helpline: 03000 41 3000
• Email: iask@kent.gov.uk

KELSI

The "Kent Education Learning and Skills Information" site. This is where KCC publishes its official policies.

• Website: kelsi.org.uk

IPSEA (National but Essential)

IPSEA is the gold standard for SEND law advice. Their website guides are what you should quote if you get stuck on a legal point.

• Website: ipsea.org.uk

8. Final Words: You Can Do This

The process is long. It is tiring. There will be days when you want to give up because the paperwork feels endless.

But remember why you are doing it.

You are doing it because the current setup isn't working. You are doing it because your child deserves to learn in a way that works for them. You are doing it because nobody knows your child better than you.

The Tribunal panel knows that Local Authorities get it wrong. That is why they exist. They are the safety net.

Take a deep breath. Download the form. You have got this.