In short
- You can appeal to the SEND Tribunal about refusals, the contents of the plan and decisions to stop it.
- The deadline is 2 months from the decision letter, or 1 month after your mediation certificate, whichever is later.
- Most families who reach a decision win at least part of their appeal.
What can you appeal?
- a refusal to carry out an EHC needs assessment
- a refusal to make an EHC plan after assessing
- Section B (needs), Section F (support) or Section I (school) in a final plan
- a refusal to change the plan after a review or reassessment
- a decision to stop (cease) the plan
- a refusal to reassess
The tribunal can also make recommendations about health and social care sections, if your appeal includes Sections B, F or I.
The steps
- Get the decision in writing. The letter should explain your right to appeal.
- Contact a mediation adviser. This is required before most appeals. You don’t have to mediate, but you need a certificate. Appeals only about the school in Section I don’t need one. Mediation explained.
- Fill in the SEND35 form on GOV.UK. Attach the decision letter, the plan if you have one and the mediation certificate.
- Send it in time. 2 months from the decision, or 1 month from the certificate, whichever is later.
- Prepare your evidence. The tribunal will send a timetable. The SEND Tribunal explained.
Check the exact deadlines for your child
Will it cost anything?
There is no fee to appeal. You may choose to pay for expert reports or legal help, but many families appeal without a solicitor. Free help is available from IPSEA and SENDIASS.
What are my chances?
In 2024 to 2025, about 99% of SEND Tribunal appeals that went to a decision were decided at least partly in the family’s favour. Many more are settled before the hearing, when the council agrees to changes.
Keep talking to the council. Appealing doesn’t stop you negotiating. Many appeals end early because the council agrees to what you asked for.
If your appeal is only about the school, read appealing the school named in an EHCP.
Key deadlines
| Step | Deadline |
|---|---|
| Contact a mediation adviser | Before you appeal. Not needed if your appeal is only about the school. |
| Get a certificate if you don’t want mediation | Within 3 working days of contacting the adviser |
| Mediation, if you choose it | Within 30 days |
| Register your appeal | 2 months from the decision letter, or 1 month from your mediation certificate, whichever is later |
Questions parents ask
Which form do I use to appeal?
For appeals about EHC needs assessments and plans, the form is the SEND35.
Is there a fee to appeal?
No. Appealing to the SEND Tribunal is free.
Can I withdraw my appeal?
Yes, at any time, for example if the council agrees to what you asked for. Get any agreement in writing first.
