What is the process for requesting a due process hearing for students with Autism?

PostedDecember 17, 2025

UpdatedDecember 17, 2025

ByMy Patient Advice

Author: Hannah Smith, MSc | Reviewed by: Dr. Rebecca Fernandez, MBBS

When disagreements arise between parents and local authorities about a child’s Education, Health and Care Plan (EHCP) or Individual Education Plan (IEP), UK law provides a clear pathway for resolving disputes. According to the SEND Code of Practice (2024), this process ensures that families of autistic students can challenge decisions fairly through mediation or a formal hearing.

Step 1: Try to resolve informally or through mediation

Before requesting a hearing, parents are encouraged to discuss concerns with the school’s SENCO or local authority. If disagreements remain, mediation can be arranged a neutral meeting where both sides seek resolution. As Scope explains, mediation is free, voluntary, and a required step in most EHCP disputes unless the issue involves discrimination.

Step 2: Submitting an appeal to the SEND Tribunal

If mediation fails or parents wish to proceed directly, they can file an appeal with the Special Educational Needs and Disability (SEND) Tribunal. According to GOV.UK, the Tribunal hears appeals against local authority decisions, including refusals to assess, issue, or amend an EHCP. Parents must complete the SEND35 appeal form and include evidence such as medical reports, educational assessments, or correspondence showing unmet needs.

During the hearing, which may take place in person or online, both parents and the local authority present evidence. Decisions made by the Tribunal are legally binding and must be implemented by the authority.

Step 3: After the hearing

If the Tribunal orders changes to a plan or additional support, local authorities are legally required to comply. Where non-compliance occurs, parents can escalate matters to the Local Government and Social Care Ombudsman, which can investigate delays or failures to act.

The National Autistic Society notes that parents may also seek free legal advice or advocacy through NAS, IPSEA, or SENDIASS to prepare effectively for hearings.

Takeaway

A due process of hearing gives parents of autistic students a formal route to challenge unmet educational needs. While mediation can resolve many disputes, the SEND Tribunal ensures accountability when local authorities fail to deliver agreed support helping uphold every child’s right to an appropriate education.

If you or someone you support would benefit from early identification or structured autism guidance, visit Autism Detect, a UK-based platform offering professional assessment tools and evidence-informed support for autistic individuals and families.

Hannah Smith, MSc

Author

Hannah Smith is a clinical psychologist with a Master’s in Clinical Psychology and over three years of experience in behaviour therapy, special education, and inclusive practices. She specialises in Applied Behavior Analysis (ABA), Cognitive Behavioural Therapy (CBT), and inclusive education strategies. Hannah has worked extensively with children and adults with Autism Spectrum Disorder (ASD), ADHD, Down syndrome, and intellectual disabilities, delivering evidence-based interventions to support development, mental health, and well-being.

All qualifications and professional experience stated above are authentic and verified by our editorial team. However, pseudonym and image likeness are used to protect the author's privacy.

Dr. Rebecca Fernandez, MBBS

Reviewer

Dr. Rebecca Fernandez is a UK-trained physician with an MBBS and experience in general surgery, cardiology, internal medicine, gynecology, intensive care, and emergency medicine. She has managed critically ill patients, stabilised acute trauma cases, and provided comprehensive inpatient and outpatient care. In psychiatry, Dr. Fernandez has worked with psychotic, mood, anxiety, and substance use disorders, applying evidence-based approaches such as CBT, ACT, and mindfulness-based therapies. Her skills span patient assessment, treatment planning, and the integration of digital health solutions to support mental well-being.

All qualifications and professional experience stated above are authentic and verified by our editorial team. However, pseudonym and image likeness are used to protect the reviewer's privacy.