6th Sept 2021: Tulip Siddiq MP, Labour’s Shadow Minister for Children and Early Years, commenting on an open letter to Boris Johnson from Let Us Learn Too campaigners on the special educational needs and disabilities (SEND) review, said:
“The Conservatives have failed to deliver for children with special educational needs and disabilities, who faced a postcode lottery in support even before the pandemic.
“Instead of being an opportunity to transform outcomes for children, Ministers’ delayed SEND review has failed to engage with families and risks undermining vital legal protections.
“Labour is committed to putting children at the heart of our pandemic recovery with our ambitious recovery plan committing to breakfast clubs and new activities to help, tutoring and targeted learning support to help every child thrive. The Conservatives must match this ambition to ensure children with SEND can reach their potential.”
Guidance for local authorities, health commissioners, parents and young people on the trial to extend powers of the SEND tribunal.
PDF, 384KB, 26 pages
Evaluation of the national trial extension of special educational needs and disability (SEND) tribunal powers
PDF, 1.51MB, 111 pages
From April 2018 to August 2021, the SEND Tribunal National Trial tested the extended powers of the First-tier Tribunal Special Education Needs and Disability (SEND) Tribunal (‘the Tribunal’) to hear appeals and make non-binding recommendations about health and social care aspects of Education, Health and Care (EHC) plans, provided those appeals also include education elements.
An independent evaluation of the national trial found positive findings and on 20 July 2021, the Department for Education confirmed the extended powers given to the Tribunal will continue.
This guidance sets out the extended powers and duties in the Special Educational Needs and Disability (First-tier Tribunal Recommendations Power) Regulations 2017.
It explains how the appeal process will work, what happens if recommendations are not followed and the support available for commissioners and families.
Further guidance and support for the trial can be found in the SEND national trial toolkit.
Published 8 March 2018
Last updated 1 September 2021 + show all updates
Removed ‘SEND tribunal: single route of redress national trial’ and added, ‘SEND tribunal: extended appeals’, updating page information to reflect this.
Updated with the announcement that the extended powers are permanent from 20 July 2021. Also added the ‘evaluation of the national trial extension of special educational needs and disability (SEND) tribunal powers’.
Added a new mailbox address on pages 16 and 19 for responses to recommendation letters. These must be sent to the Department for Education.
Added detail on the extended trial date due to coronavirus (COVID-19).
Updated formatting in ‘how to claim’ section to make it clear that expenses guidance has changed in the toolkit.