EHCP Appeal Deadline Calculator | EHCP Clarity
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EHCP Appeal Deadline Calculator

UK parents have a strict 2-month deadline from the local authority's decision letter to register a SEND Tribunal appeal. Missing it can prevent you from appealing. Use our interactive calculator — or follow the guide below to work out your deadline manually.

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Quick answer

Your SEND Tribunal appeal deadline is 2 months from the date of the LA's decision letter. If you first contact a mediation adviser, the deadline extends to the later of 2 months from the decision letter or 1 month from your mediation certificate date — giving you more time, not less. Missing the deadline means applying to the Tribunal for permission to appeal late.

The interactive deadline calculator

The full interactive calculator — which accounts for your mediation certificate date, urgency levels, and the 1-month extension rule — is available inside the tool. Create a free account or sign in to access it.

Open the deadline calculator

Understanding the 2-month rule

The First-tier Tribunal (Special Educational Needs and Disability) — the SEND Tribunal — requires that appeal registrations be made within 2 calendar months of the LA's decision letter. This rule applies to all of the following decisions:

  • Refusal to carry out an EHC needs assessment (section 36 of the Children and Families Act 2014)
  • Refusal to issue an EHCP after completing the assessment (section 37 CFA 2014)
  • Refusal to reassess a child's needs
  • The content of a final EHCP — Sections B (needs), F (provision), or I (placement)
  • A decision to cease maintaining an EHCP
  • Refusal to amend an EHCP following an annual review

How mediation affects your deadline

Before registering an appeal about SEN provision or assessment, parents must first contact a mediation adviser and obtain a mediation certificate. This is a legal requirement under the SEN and Disability Regulations 2014 — you cannot submit your SEND35A without the certificate number.

Crucially, contacting a mediation adviser extends your deadline. Once you have your certificate, you have the later of:

Option A

2 months from the LA's decision letter date

Option B

1 month from the date on your mediation certificate

Your appeal deadline is whichever of those two dates is later. This means starting mediation information early gives you more time, not less — contact a mediation adviser immediately after receiving the LA's decision letter.

Worked example

Decision letter date: 1 February 2025

Option A deadline (2 months): 1 April 2025

Mediation adviser contacted: 5 February 2025

Mediation certificate issued: 18 February 2025

Option B deadline (1 month from certificate): 18 March 2025

Final appeal deadline: 1 April 2025 (Option A is later)

By contacting the mediation adviser early and obtaining the certificate quickly, the parent now has until 1 April — the full 2 months — to prepare and submit their SEND35A.

Section I (placement) appeals: no mediation required

If you are only challenging the school or placement named in Section I of the EHCP — and not disputing anything in Sections B or F — you do not need a mediation certificate. You can register your appeal directly with the SEND Tribunal using the SEND35A form. The 2-month deadline still applies from the date of the final EHCP. If you are challenging both placement and provision, mediation is required.

How to calculate and meet your appeal deadline

  1. 1

    Find your LA's decision letter

    Locate the dated letter in which the LA notified you of their decision (refusal to assess, refusal to issue, amended EHCP, or cease to maintain). Note the exact date on the letter — this is day one of your deadline.

  2. 2

    Contact a mediation adviser immediately

    If your appeal involves SEN provision (Sections B, F, or any non-placement issue), contact a mediation adviser the same day if possible. You can find your local adviser via the SEND Tribunal guidance on GOV.UK. Ask them to process your request quickly and issue a certificate without mediation if you choose not to proceed.

  3. 3

    Calculate your extended deadline

    Once you have your certificate date, your appeal deadline is the LATER of: (a) 2 months from the decision letter, or (b) 1 month from the mediation certificate date. Work out both dates and use the later one as your target.

  4. 4

    Begin preparing your SEND35A now

    Do not wait for the certificate to start work. Draft your grounds of appeal, gather your evidence, and begin completing the SEND35A form. EHCP Clarity can help you organise this work in parallel with the mediation process.

  5. 5

    Submit the SEND35A before your deadline

    Register your appeal by submitting the completed SEND35A (with your mediation certificate number) to the SEND Tribunal. Allow at least 3 working days before your deadline in case of postal or system delays. Keep proof of submission.

Deadline checklist

  • You have the LA's decision letter with its date clearly noted
  • You know which type of decision you are appealing (assessment, issue, contents, cease)
  • You have contacted (or are about to contact) a mediation adviser
  • You have recorded the date you contacted the mediation adviser
  • You have calculated both Option A and Option B deadlines
  • You are working to the later of the two deadlines
  • You have begun preparing your SEND35A — do not wait for the certificate

Common deadline mistakes

  • Counting from the date you received the letter rather than the date printed on it
  • Waiting for the mediation certificate before starting to prepare the SEND35A
  • Thinking the deadline is business days rather than calendar months
  • Not contacting a mediation adviser promptly, reducing preparation time
  • Assuming a verbal or email decision starts the clock — only a formal decision letter does
  • Not keeping proof of SEND35A submission — always retain a confirmation or receipt

Frequently asked questions

When does the 2-month deadline start?
The 2-month clock starts from the date on the LA's decision letter — not the date you received it, not the date you read it. If the letter is dated 1 January, your deadline is 1 March. Keep the decision letter and note its date immediately.
Does contacting a mediation adviser extend my deadline?
Yes. Once you contact a mediation adviser and begin the mediation information process, your appeal deadline is extended. The extended deadline is the later of: two months from the LA's decision letter, or one month from the date of your mediation certificate. This means acting quickly on mediation actually gives you more time to prepare your appeal.
What if I missed the 2-month deadline?
You must apply to the Tribunal for permission to appeal late. In your SEND35A, tick the box to explain you are making a late application and set out your reasons. The Tribunal has discretion to accept late appeals if there is good reason — for example, if you were not told about your right to appeal, you were ill, or you were waiting for specialist advice. Act as soon as possible and do not wait.
Do I need a mediation certificate to appeal about school placement (Section I)?
No. If you are only appealing about the school named in Section I (placement) and not about SEN provision (Sections B or F), you do not need a mediation certificate. You can register your appeal directly using the SEND35A without going through mediation. If you are challenging both placement AND provision, mediation is required.
How long does the mediation certificate process take?
Once you contact a mediation adviser, they have 3 working days to contact the LA. The LA then has 30 days to respond to a mediation invitation. In practice, if you decline mediation, the certificate can often be issued within 1-2 weeks. If you choose to pursue mediation, the process typically takes 3-6 weeks before a certificate is issued.
What counts as the LA's decision?
The decision date is the date on the letter in which the LA notifies you of its decision — whether to refuse an assessment, refuse to issue an EHCP, issue an amended EHCP, or cease to maintain the EHCP. Verbal decisions, emails, or phone calls do not start the clock. If the LA has told you verbally but not yet sent a decision letter, ask for one in writing immediately.
Can I appeal while mediation is ongoing?
You must have a mediation certificate before you can register your appeal with the Tribunal. However, you can and should begin preparing your SEND35A, gathering evidence, and drafting your grounds of appeal while the mediation process is underway. Do not wait for the certificate before starting preparation.
Is the deadline calendar months or working days?
The 2-month deadline is calculated by calendar months from the decision letter date, not working days. For example, a letter dated 15 January gives you until 15 March. If the final day falls on a weekend or bank holiday, you should aim to submit before that date — do not rely on an extension.

Related guides

Sources and further reading

This is general information, not legal advice. EHCP Clarity helps parents organise and prepare their own materials. It does not provide legal advice, legal representation, or tribunal advocacy, and nothing on this page should be relied on as a substitute for advice about your specific situation. For free independent expert support, contact IPSEA, SOS!SEN, or your local SENDIASS. For legal representation, instruct a SEND solicitor.