How to Appeal to Upper Tribunal

If the Special Educational Needs and Disability Tribunal does not uphold your appeal in full, it is possible to appeal further to the Upper Tribunal.

Appeals to the Upper Tribunal can only be made on very narrow grounds. The Upper Tribunal will not consider appeals purely on the basis that you disagree with the decision taken by SENDIST.

SENDIST is a specialist Tribunal. The Upper Tribunal respects that specialism and will not normally overturn decisions made on fact unless there is clear evidence that the decision making process has been flawed.

The grounds of appealing to the Upper Tribunal normally are;

• An error in law
• Inadequate reasoning
• Perverse findings of fact that no other person could have made

Typically, appeals to the Upper Tribunal only succeed when they are made on the basis of an error in law. It will only be in the most extreme cases that the Upper Tribunal will find that SENDIST has provided inadequate reasoning or has made a perverse finding of fact.

Before you can appeal to the Upper Tribunal you must first obtain permission. You will first have to apply to SENDIST for permission to appeal. If this is refused, you can then apply directly to the Upper Tribunal for permission to appeal.

The process of appealing against a decision made by SENDIST is complex and requires a detailed understanding of the law and Tribunal procedure. It is strongly advisable to seek specialist education law advice in appealing to the Upper Tribunal.