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SEND Tribunal: A Oldham Parent's Guide to Winning

The Tribunal exists to protect your child. Here's how to use it - and why the odds are in your favour.

Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care) Rules 2008

The Tribunal is there for you

The First-tier Tribunal (Special Educational Needs and Disability) exists specifically to resolve disputes between parents and local authorities about EHC plans. It's free, it's designed to be parent-friendly, and the statistics speak for themselves: the vast majority of appeals are decided in the parent's favour. If Oldham Council has let your child down, the Tribunal is your most powerful tool.

What can you appeal?

You can appeal to the SEND Tribunal if: Oldham Council has refused to carry out an EHC needs assessment (s.36 CFA 2014), refused to issue an EHC plan after assessment (s.38), you disagree with the content of the plan (sections B, F, or I), you disagree with the school named in the plan (section I), or the council has decided to cease maintaining the plan (s.45). Each of these is a separate right of appeal.

How long does it take?

From registering your appeal to the hearing, the process typically takes 4-6 months. You'll receive a case statement deadline (usually 6 weeks), then there may be case management directions, and finally a hearing date. Hearings usually last half a day to a full day and can be held in person or remotely. The panel consists of a judge and two specialist members.

Preparing your evidence bundle

Your evidence bundle is crucial. It should include: all correspondence with Oldham Council, professional reports (EP, SALT, OT, CAMHS, medical), school records (IEPs, progress data, behaviour logs), your parental statement, and any independent reports you've obtained. Organise it chronologically with a clear index. EHCP Expert can help you structure and prepare your bundle.

You don't need a lawyer

While some parents choose legal representation, the Tribunal is designed for parents to present their own case. Many parents who represent themselves (known as litigants in person) win. What matters is the evidence, not how eloquently it's presented. The panel will take your views seriously and will ask questions to understand your child's needs. You know your child better than anyone.

Your child deserves better

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Related guides

How to Request an EHCP Assessment in OldhamOldham Guide EHCP Refusal Appeal in Oldham - Your RightsOldham Guide Annual Review in OldhamOldham Guide SEND Tribunal for Manchester Parents - Complete GuideGreater Manchester SEND Tribunal for Bolton Parents - Complete GuideGreater Manchester EHCP for Autistic Children - Your Complete GuideCondition Guide

EHCP Expert provides AI-generated letters based on UK SEND legislation. This is not legal advice. While our letters reference the Children and Families Act 2014 and SEND Code of Practice 2015, every child's situation is different. For complex cases, consider consulting a SEND solicitor or contacting IPSEA (ipsea.org.uk) for free legal advice.