Young people’s right to appeal to the English First-tier Tribunal (Special Educational Needs and Disability): learning from the first two years

Abstract

ABSTRACT In England, young people past compulsory school age (the end of the academic year in which they turned 16) were given new rights under the Children and Families Act, 2014. This article focuses on their rights in relation to education, health and care (EHC) plans, particularly the right to request an assessment of their special educational needs (SEN) and to challenge decisions relating to their EHC plan by making an appeal to the First-tier Tribunal (Special Educational Needs and Disability). We analyse these rights in light of Bronfenbrenner’s bioecological model, recognising their role in influencing young people’s development. Using data from a national study of disagreement resolution routes for SEN disputes, we present triangulated qualitative analysis of interviews with parents, young people, mediators, independent parent support workers, and Tribunal panel representatives, plus focus groups of local authority representatives. Results evidence an appetite among young people with SEN to use these rights, motivated by desire for appropriate educational opportunities. We highlight positive and negative experiences of mediation and of appeal preparation and Tribunal hearings, identify challenges and dilemmas raised for parents and professionals, and include facilitative practices showing how rights of children and young people could become embedded in everyday practices, reducing the need for appeals.