SEND Tribunal in Kent: Can You Win Without a Solicitor?

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 do not need a £10,000 solicitor to win this. You just need to be organised.

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: The 20-Week Marathon

Once you register your appeal, the clock starts. It typically takes about 20 weeks (5 months) to get to a hearing. For "Refusal to Assess" appeals, it is faster (often 12 weeks, and sometimes paper-only with no hearing).

Here is the typical rhythm of a Kent appeal:

Note for Kent Parents: KCC is currently under immense pressure. They often miss deadlines. If they are late sending their response (Week 6), do not panic. The Tribunal knows they are late. It does not hurt your case; it actually makes the LA look disorganised. You just keep to your deadlines.

3. The Appeal Form (SEND35)

To start, you need to fill in form SEND35 (or SEND35a for refusal to assess). You can download it from Gov.uk.

Section 2: The Decision

You need the letter from KCC that says "We have decided not to..." or the final EHCP covering letter. The date on this letter is critical. You have two months from that date to appeal.

(Or one month from the Mediation Certificate date, whichever is later).

Section 3: Reasons for Appeal

This is the part parents agonise over. You do not need to write an essay here. You can simply write: "See attached document" and attach a separate Word document.

What to write in your reasons:

• The History: Briefly, who is your child? "Jack is 8, autistic, and struggles with..."
• The Disagreement: "KCC says Jack's needs can be met from school resources. I disagree because the school has already spent £6,000 on support and he is still not making progress."
• The Law (Keep it Simple): "Under Section 36(8) of the Children and Families Act 2014, the LA must assess if the child may have SEN and may need special educational provision. Jack clearly meets this low legal threshold."

Do not rant. Do not be rude about the Case Officer. Keep it factual. "The school report dated 12/03/2025 states Jack is working 3 years behind peers." That is a fact.

4. The "Working Document" (For Contents Appeals)

If you are appealing the content of an EHCP (Sections B, F, and I), you will become very familiar with the "Working Document."

This is simply a Word version of the draft EHCP. It is passed back and forth between you and the Local Authority.

• Original Text: Normal font.
• Your Proposed Changes: You underline/bold your additions. You strike-through deletions.
• LA's Response: They might highlight agreed changes in green, and disagreed ones in red.

The Golden Rule: Every need in Section B must have a matching provision in Section F.

If Section B says "Jack has sensory overload in noisy environments," Section F must say "Jack will have access to a quiet workstation and ear defenders," not just "Jack will have access to support." Specificity is key.

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.

Keep it Digital: In 2026, everything is electronic. Ensure your files are clear PDFs. Name them clearly: 2026-03-01 - OT Report - Dr Smith.pdf.

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 Day

Almost all Kent hearings are now held remotely via CVP (Cloud Video Platform). It looks a bit like Zoom.

Who is in the "room"?

• The Panel: A Judge (legal expert) and 1 or 2 Specialist Members (SEND experts).
• You: The parent(s). You can have a supporter with you.
• The LA Representative: Often a Tribunal Officer from KCC. Sometimes a barrister (don't be intimidated, they often know less about your child than you do).
• Witnesses: Anyone you or the LA called (e.g., the SENCO, an Ed Psych).

What happens?

The Judge leads. They will go through the Working Document section by section.

"Okay, let's look at Section B, Needs. Mrs Smith, you want to add that Jack has severe anxiety. Mr KCC, why do you object to that?"

You just answer honestly. You don't need legal jargon. You just say: "Because every morning he vomits before school due to anxiety, as shown in Dr Jones's report on page C12."

Evidence wins. Not emotion, not anger. Evidence. Point to the report that backs you up.

The Outcome

You usually won't get the decision on the day. It comes by email about 10 working days later. If the Tribunal orders KCC to issue an EHCP, they have strict deadlines (usually 5 weeks) to do it.

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.