EHCP Appeal Pack: All the Appeal Routes Explained | EHCP Clarity
EHCP Appeal Hub

EHCP Appeal Pack: All SEND Tribunal Appeal Routes Explained

If the local authority has made a decision about your child's EHCP — or refused to assess or issue one — you may have the right to appeal to the First-tier Tribunal (SENDIST). This hub explains every type of SEND Tribunal appeal, how to choose the right route, and what to do first. Over 85% of parents who appeal to the SEND Tribunal achieve a positive outcome (SEND Tribunal statistics, 2023–24). Outcomes vary by case type and individual circumstance.

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Quick answer

UK parents can appeal most local authority SEND decisions to the SEND Tribunal. Your deadline is 2 months from the decision letter — extended if you contact a mediation adviser (required for most appeal types). The most common appeals are: refusal to assess, refusal to issue, EHCP contents (Sections B, F, I), refusal to reassess, and cease to maintain.

The five main SEND Tribunal appeal routes

Refusal to carry out an EHC needs assessment

Section 36 Children and Families Act 2014

LA refuses your request for an EHC needs assessment

Read the full guide →

Refusal to issue an EHCP after assessment

Section 37 Children and Families Act 2014

LA completes the assessment but refuses to issue an EHCP

Read the full guide →

Contents of the EHCP — Section B (needs)

Section 51 Children and Families Act 2014

Final EHCP does not accurately describe your child's special educational needs

Read the full guide →

Contents of the EHCP — Section F (provision)

Section 51 Children and Families Act 2014

Section F provision is vague, insufficient, or does not meet your child's needs

Read the full guide →

Contents of the EHCP — Section I (school placement)

Section 51 Children and Families Act 2014

The school named in Section I is not the right setting for your child

Read the full guide →

Refusal to reassess

Section 44 Children and Families Act 2014

LA refuses to carry out a new EHC needs assessment after being requested

Read the full guide →

Decision to cease maintaining the EHCP

Section 45 Children and Families Act 2014

LA decides to stop maintaining the EHCP when you believe it should continue

Read the full guide →

The SEND Tribunal appeal process: an overview

1

Receive the LA's decision letter

This is day one of your 2-month deadline. Note the date on the letter carefully.

2

Contact a mediation adviser (SEND35)

Required for most appeal types. Extend your deadline and start the 15-day mediation window. Use the SEND35 form or contact your local provider.

3

Obtain your mediation certificate

Once the mediation information process is complete (whether or not you attend mediation), the adviser issues a certificate with a reference number.

4

Prepare your SEND35A

Draft your grounds of appeal, gather your evidence, and complete the appeal registration form. State what the LA decided, why you disagree, and what you want the Tribunal to order.

5

Submit before your deadline

Submit the SEND35A (with mediation certificate number) to the SEND Tribunal before your deadline. Keep proof of submission.

6

Tribunal proceedings

The Tribunal issues directions. Parties exchange evidence bundles. A case management hearing may take place. The final hearing typically occurs 5-9 months after registration.

Mediation: a requirement, not an obstacle

Before registering most SEND Tribunal appeals, you must contact a mediation adviser and obtain a certificate under sections 53-54 of the Children and Families Act 2014. The only exception is if you are only appealing the school named in Section I.

Contacting a mediation adviser does not mean you must pursue mediation. You can decline mediation and still receive a certificate quickly. Critically, doing so also extends your appeal deadline — your deadline becomes the later of 2 months from the decision letter or 1 month from the certificate date.

SEND Tribunal appeal outcomes

The SEND Tribunal is an independent judicial body — it reviews decisions afresh, not just the LA's process. Published statistics from the Ministry of Justice show that around 85-90% of appeals that reach a final hearing are decided at least partially in the parent's favour. Many more are resolved by consent before hearing, when LAs agree to the parent's position after evidence is exchanged.

Success is more likely when parents have well-organised evidence, clear grounds of appeal, and a specific outcome in mind. Preparation matters.

Free support for parents

What to expect at a SEND Tribunal hearing

SEND Tribunal hearings are less formal than a court, but they follow a structured process. A panel typically consists of a legally qualified judge and one or two specialist members with SEND expertise. Hearings are usually held in person (in a tribunal venue near your LA) or by video call.

Before the hearing

Bundles of evidence are exchanged in advance. Both parties should have seen each other's documents before the day. You can also submit a 'working document' setting out the agreed and disputed elements of the EHCP.

Opening

The judge introduces the panel and confirms the issues in dispute. If a consent order or agreement has been reached since the bundle was submitted, it can be presented at this stage.

Oral evidence

Each party's witnesses (which can include you as parent, and any professional witnesses you call) give evidence and are questioned. The panel also asks questions. LA witnesses are questioned by you or your representative.

Submissions

Each party makes closing submissions — a short summary of why the Tribunal should find in their favour. No new evidence is introduced at this stage.

Decision

The Tribunal usually reserves its decision and issues a written judgment within 2–3 weeks of the hearing. Decisions are binding on the LA.

How to choose the right appeal route for your situation

Your appeal type is determined by what the LA has done — not by what you want. Use the following guide to identify your route:

LA refused to assess your child at all

→ Section B&D appeal: refusal to conduct an EHC needs assessment

LA assessed but refused to issue an EHCP

→ Section B&D appeal: refusal to issue an EHCP

LA issued an EHCP but you disagree with the needs described in Section B, C, or D

→ Section B&D appeal: contents of the EHCP

LA issued an EHCP but the provision in Section F is wrong, vague, or insufficient

→ Section F appeal: educational provision

LA named the wrong school in Section I (placement)

→ Section I appeal: school placement

LA is proposing to cease maintaining your child's EHCP at a review

→ Cease to maintain appeal

You can appeal more than one section at the same time — for example, both Section F provision and Section I school placement. Identify all the issues in dispute before submitting your SEND35A, as it is harder to add issues later.

What to prepare before registering your appeal

Registering your appeal is just the beginning. The Tribunal process rewards preparation. Before submitting the SEND35A, it is worth having the following ready — or at least underway:

  • Your mediation certificate reference (required for all appeals except Section I only)
  • A clear written statement of the outcome you want — the Tribunal needs to know what you are asking for
  • Copies of all existing reports and assessments — request anything from the LA you do not already have
  • A draft of your initial grounds of appeal — why the LA's decision is wrong in law or on the evidence
  • A note of which professional witnesses you may want to call — a private EP, SALT, or paediatrician
  • A realistic timeline for obtaining any private assessments you will rely on, given evidence exchange deadlines

Frequently asked questions

What is the SEND Tribunal and who can appeal?
The First-tier Tribunal (Special Educational Needs and Disability), commonly called the SEND Tribunal, is an independent judicial body that hears appeals about EHCPs and related decisions. Parents and carers of children with SEND, and young people aged 16 to 25, can appeal decisions made by their local authority.
How long do I have to appeal a SEND decision?
For most appeals, you have 2 calendar months from the date on the LA's decision letter. If you first contact a mediation adviser (which is required for most appeal types), your deadline extends to the later of 2 months from the letter or 1 month from the date of your mediation certificate.
Do I need a mediation certificate before I can appeal?
Yes — for most appeal types. Mediation certificates are required before appealing refusal to assess, refusal to issue, EHCP contents, refusal to reassess, and decisions to cease. The only exception is if you are solely appealing the school named in Section I. Use the SEND35 form or contact your local mediation provider to start the process.
Do I need a solicitor to appeal?
No. The SEND Tribunal is designed to be accessible to unrepresented parents. Many parents appeal successfully without legal representation. Free specialist support is available from IPSEA and SOS!SEN. For complex cases involving disputed professional evidence, a specialist SEN solicitor can help — but they are not required.
Can I appeal about more than one thing at once?
Yes. You can appeal about multiple issues on the same SEND35A — for example, both the school named in Section I and the provision in Section F. All issues should be included in the same appeal if possible, as separate appeals about the same EHCP may be consolidated by the Tribunal.
What happens at a SEND Tribunal hearing?
The hearing is typically conducted by a legally qualified Tribunal judge and one or two specialist panel members. The LA will present its case (usually through a representative) and you will present yours. Both parties submit evidence in advance. The Tribunal then makes a decision, usually in writing some weeks after the hearing.
How long does a SEND Tribunal appeal take?
From registration to final hearing, a SEND Tribunal appeal typically takes 5 to 9 months. The Tribunal has targets to list hearings within this timeframe. However, many cases settle before the hearing — LAs often agree to an acceptable outcome once an appeal is registered and evidence is exchanged.
What is the success rate for SEND Tribunal appeals?
Parents and young people succeed in the majority of SEND Tribunal appeals. Published Tribunal statistics show that in most years, around 85-90% of appeals that reach a final hearing result in a decision at least partially in the parent's favour. Many more are resolved by consent before hearing.

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.