A new way to help resolve some SEND Tribunal appeals earlier
HM Courts and Tribunals Service (HMCTS) is introducing SEND Appeal Resolution Meetings, known as SARM, to help families and local authorities try to resolve some Special Educational Needs and Disability (SEND) appeals earlier. This is due to start at the end of September 2026.
A SARM is a structured and confidential discussion that takes place after a SEND Tribunal appeal has been lodged. It gives parents, carers and the local authority an opportunity to discuss the issues in the appeal and see whether an agreement can be reached without the need for a full Tribunal hearing. The discussion is supported by a trained HMCTS mediator, who acts as a neutral facilitator.
Important: Taking part in a SARM does not take away your right to have your appeal heard by the SEND Tribunal. If an agreement cannot be reached, your appeal will continue through the Tribunal process.
Which SEND appeals are included?
The SARM pilot will initially focus on appeals against a local authority's decision:
The pilot is due to run for 12 months.
What is a SEND Appeal Resolution Meeting?
A SARM is a confidential and structured discussion between the people involved in a SEND appeal. It is facilitated by an HMCTS-trained mediator who is independent of the dispute. The mediator does not:
Instead, their role is to help the family and local authority communicate and explore whether there is a way forward. The meeting aims to:
How does a SARM work?
SARM appointments are usually held by telephone. The mediator normally uses a "shuttle" approach. This means that rather than everyone having to speak together, the mediator can speak separately with the family and the local authority.
The mediator can then help both sides communicate, clarify their positions and identify areas where agreement may be possible. This can be particularly helpful where communication between the parties has become difficult or where there are specific issues that may be capable of being resolved without waiting for a full Tribunal hearing.
Why has SARM been introduced?
The number of SEND appeals has increased significantly and this has put additional pressure on the SEND Tribunal. SARM is intended to provide another opportunity for suitable appeals to be resolved earlier. The aims include:
How does SARM fit into the SEND appeal process?
There are different opportunities to try to resolve a disagreement during the SEND process.
1. Mediation before an appeal
Before making certain SEND Tribunal appeals, parents and young people will usually need to consider mediation and obtain a mediation certificate. This process remains in place and is separate from SARM.
2. SEND Appeal Resolution Meeting (SARM)
A SARM takes place after the SEND Tribunal appeal has been lodged and after the local authority has provided its response to the appeal. At this stage, both the family and local authority should have more information about the issues being appealed and the evidence available. SARM provides another opportunity to see whether some or all of those issues can be resolved.
3. Judicial Alternative Dispute Resolution (JADR)
The SEND Tribunal can also use Judicial Alternative Dispute Resolution (JADR) in certain types of appeals. JADR involves a Tribunal judge helping the parties explore whether an agreement can be reached. SARM is different because it is facilitated by a trained mediator rather than a judge. Together, mediation, SARM and JADR provide different opportunities for families and local authorities to try to resolve disagreements without taking away the family's right to have their appeal decided by the Tribunal.
What are the possible benefits of SARM?
For parents, carers and young people SARM may provide:
However, there is no requirement to reach an agreement simply because you take part in a SARM. You should only agree to an outcome if you are satisfied that it appropriately addresses the issues in your appeal.
What happens if an agreement is reached?
If you and the local authority reach an agreement during the SARM, the agreed outcome can be formalised through a consent order approved by the Tribunal. If this resolves the appeal, a full Tribunal hearing may no longer be needed. Before agreeing to end an appeal, you should make sure you understand:
What if we only agree on some things?
It may still be useful to take part in a SARM even if you cannot resolve the whole appeal. For example, you and the local authority may be able to agree on some issues while other issues remain in dispute. This can help to narrow the issues that the SEND Tribunal will need to consider.
What happens if we cannot reach an agreement?
If an agreement cannot be reached, your appeal continues. Taking part in a SARM does not mean that you have to withdraw your appeal or accept the local authority's position. The SEND Tribunal can still consider the appeal and make an independent decision. You should therefore continue to follow any Tribunal directions and deadlines unless the Tribunal tells you otherwise.
Does SARM replace SEND mediation?
No. SARM is intended to complement the existing SEND mediation and Tribunal processes. Pre-appeal mediation takes place before an appeal is lodged, whereas SARM takes place after an appeal has been registered and the local authority has responded.
Does SARM replace the SEND Tribunal?
No. This is an important point for families. The SEND Tribunal remains responsible for deciding appeals where the family and local authority cannot reach an agreement. SARM simply provides an additional opportunity to try to resolve the dispute earlier. If you do not reach an agreement through SARM, your appeal can continue through the normal Tribunal process.
Please remember
Taking part in a SARM does not remove your right to continue with your SEND Tribunal appeal if an agreement cannot be reached. The SARM pilot is a new process and arrangements may change as the pilot develops. Families should check any correspondence they receive from HMCTS carefully for information about how SARM applies to their individual appeal.