ABSTRACT

The Special Educational Needs Tribunal for England and Wales was established by the Education Act 1993 and started work on 1 September 1994. It was created to overcome a perceived problem of delay in the former system under which parents were first required to appeal to a local committee of the local authority and then, if dissatisfied, to appeal to the Secretary of the State. However, courts only granted the parents a remedy for a delay which was ‘unreasonable’ and ‘reprehensible’. The intention of the new procedure was not only to make it easier for parents to appeal but also to ensure that the decision about a child’s future was made as quickly as possible. The tribunal is governed by regulations which set a clear timetable for each stage of the appeal process.