How long does a SEND Tribunal appeal take?

Expect around 9-12 months from lodging a SEND Tribunal appeal to a hearing in 2025-26, as record backlogs push hearing dates 40-plus weeks ahead — though most appeals settle or are conceded by the council first.

The 2025-26 timeline, stage by stage

The individual deadlines are short; the wait for a hearing is what makes the whole thing long. Roughly, here is how the months add up:

• Before you appeal. You have 2 months from the council's decision letter to lodge, or 1 month from the mediation certificate, whichever is later. In most cases you need that mediation certificate first, except for appeals only about the school named in the plan.
• Registration. The Tribunal aims to register your appeal within about 10 working days of receiving it.
• The council's response. The council has 30 working days to file its case.
• The wait for a hearing. This is the long part. Dates are being set in some cases more than 40 weeks ahead.
• The decision. You usually get the written decision within 10 working days of the hearing.

Why the wait is so long right now

The First-tier Tribunal that hears these appeals (the SEND Tribunal) is taking in more cases than ever. Its open caseload reached a record 16,000 in the October-to-December 2025 quarter, up 42% on the year before, with 6,700 new appeals received that quarter alone, the highest in the record. More appeals than the Tribunal can clear means hearing dates sit further out.

But most appeals never reach a hearing

The backlog is the gloomy half of the picture. Here is the other half: of the SEN appeals the Tribunal decided in 2024/25, about 99% (roughly 14,000) went the parent's or young person's way. Faced with that, many councils concede or settle before a contested hearing, often agreeing the wording of the plan in a working document weeks or months before the date. So while the calendar says 9-12 months to a hearing, a good number of families get the outcome they wanted sooner, without ever standing in front of a panel.

High odds of success are not the same as a guaranteed result, and every case turns on its own evidence. But it does mean a long listed date is not a reason to give up, since it is often a date you never have to use.

If your child is out of school

You can ask the Tribunal for priority listing, an earlier hearing, if your child is out of education or there is another urgent reason. Put the request in writing with your appeal, set out why it is urgent, and attach anything that shows the impact (a letter from school, evidence of missed provision). It is decided case by case, not automatic, but it is the main lever you have on the timeline.

For context, the appeal right itself runs from section 51 of the Children and Families Act 2014 and is unchanged for now, despite proposals in the 2026 Schools White Paper to reshape EHCPs from 2030. GOV.UK's Appeal an EHC plan decision pages cover the procedural deadlines.

This page is general information, not clinical or legal advice.