How to Write Your EHCP Appeal Reasons | EHCP Clarity
Appeal Grounds Guide

EHCP Appeal Reasons: How to Write Grounds of Appeal for the SEND Tribunal

The grounds of appeal you submit on your SEND35A are the foundation of your case. They explain why the local authority was wrong — legally and factually. This guide covers how to structure grounds of appeal for each type of SEND Tribunal appeal, common grounds that succeed, and what the Tribunal is looking for.

Draft my grounds of appealSEND35A form guide

Quick answer

Effective grounds of appeal do three things: (1) state what the LA decided; (2) explain why the decision was wrong — applying the wrong legal test, mischaracterising evidence, or failing to consider all relevant information; and (3) state what you want the Tribunal to order. Specificity and evidence references make all the difference.

Common grounds of appeal — by decision type

Refusal to assess

Section 36 CFA 2014

  • LA applied the wrong legal threshold — required certainty of EHCP rather than possibility
  • LA failed to properly consider all professional reports submitted with the request
  • SEN support has not and cannot adequately meet the child's needs
  • New evidence has emerged since the LA's decision that was not available to them
  • The child's needs are complex, fluctuating, or not yet fully assessed

Refusal to issue an EHCP

Section 37 CFA 2014

  • The assessment reports demonstrate SEN that cannot be met through school SEN support alone
  • The provision required exceeds the notional SEND element of school funding (~£6,000 p.a.)
  • The LA's assertion that school can meet needs is not supported by the school's own evidence
  • The assessment was incomplete — key professionals were not consulted
  • The child's progress under SEN support has been inadequate despite sustained effort

EHCP contents — Section F (provision)

Section 51 CFA 2014

  • Section F provision is not specific — it lacks frequency, duration, or details of who delivers it
  • Provision is not sufficient to meet the needs described in Section B
  • Provision that was in a previous EHCP has been removed without evidential justification
  • The EHCP specifies provision 'as required' or 'where appropriate' rather than with specificity
  • Provision needed has been identified by a professional but is not included in Section F

EHCP contents — Section I (placement)

Section 51 CFA 2014

  • The named school cannot meet the child's needs as described in Section B
  • The preferred school is suitable and would not be incompatible with the efficient education of others
  • The named school is not the setting the child was attending or had been assessed at
  • No school has been named and the LA has failed in its duty to name a school

Strong vs weak grounds: an example

Weak grounds

"The LA has made the wrong decision. My child needs much more support than they are getting. We have been fighting for years and the school is not helping. We disagree strongly with what the LA has decided."

Strong grounds

"The LA refused to assess on the grounds that school SEN support is sufficient. However, the EP report of [date] identifies significant needs in working memory and processing speed at the 2nd percentile. The school's own records show no progress in reading in 18 months despite sustained graduated support. The LA has misapplied the section 36 threshold by requiring certainty of EHCP rather than possibility of necessity."

How to draft your grounds of appeal

  1. 1

    Identify the type of appeal you are making

    Different decisions require different grounds. A refusal to assess appeal focuses on the assessment threshold (section 36 CFA 2014). A contents appeal focuses on whether Section F is specific enough and whether provision is adequate. Know which type of decision you are challenging before you draft your grounds.

  2. 2

    State what the LA decided

    Open your grounds by clearly describing what the LA decided and when. 'On [date], the LA notified me that it had decided to refuse an EHC needs assessment for my child, [name], on the grounds that...' This frames the appeal and shows the Tribunal exactly what it is reviewing.

  3. 3

    State the legal test and how the LA misapplied it

    Reference the relevant statutory provision and explain why the LA's decision does not meet it. For a refusal to assess: 'The correct test under section 36(3) CFA 2014 is whether assessment may be necessary. The LA has applied a higher threshold, requiring certainty that an EHCP will be needed. This is a misapplication of the legal test.'

  4. 4

    Identify factual errors

    Where the LA has mischaracterised evidence or failed to consider a report, name it. 'The LA's refusal letter states that [child's] reading difficulties are mild. However, the educational psychologist's report of [date] found that [child's] reading age is [X] years below chronological age and specifically recommends specialist literacy provision.' Specificity matters.

  5. 5

    State the outcome you want

    At the end of your grounds, clearly state what you want the Tribunal to order. 'I ask the Tribunal to order the LA to carry out an EHC needs assessment of [child].' Or: 'I ask the Tribunal to order the LA to amend Section F to include [specific provision].' Be precise — the Tribunal can only order what you ask for.

The legal tests to reference

Assessment threshold (refusal to assess)

s.36(3) CFA 2014

Necessary to determine whether EHC provision may be needed — a 'may be necessary' standard, not certainty

Duty to issue EHCP (refusal to issue)

s.37 CFA 2014

Must issue if the child has SEN and it is necessary for EHC provision to be made — 'necessary', not merely desirable

Contents of EHCP (Section F)

s.37 & s.42 CFA 2014

Provision must be specified with sufficient detail to be enforceable under the absolute s.42 duty — specific, quantified, attributable

Placement (Section I)

s.33 & Sch 3 CFA 2014

Where a parent requests a maintained school, it must be named unless incompatible with efficient education of others (and efficient use of resources)

Grounds of appeal checklist

  • You have stated clearly what the LA decided and on what date
  • You have identified the correct legal test that applies to your appeal type
  • You have explained specifically why the LA misapplied that test
  • You have identified and named the specific professional reports the LA failed to properly consider
  • You have described the factual errors in the LA's reasoning with specific examples
  • You have stated clearly what outcome you want the Tribunal to order
  • Your grounds are specific and factual — not primarily emotional
  • You have kept your grounds focused — you will develop them more fully in your evidence bundle

Common mistakes in grounds of appeal

  • Using vague language ('the LA is wrong') without explaining why the specific reasons given are incorrect
  • Focusing on emotional impact rather than the legal test and the evidence
  • Not referencing professional reports by name and date
  • Trying to cover every issue in the SEND35A grounds — focus on the key issues and expand in your bundle
  • Not stating the specific outcome sought — the Tribunal can only order what you ask for
  • Confusing the assessment threshold (s.36) with the EHCP threshold (s.37) — these are different legal tests

Frequently asked questions

What are 'grounds of appeal' in a SEND Tribunal context?
Grounds of appeal are the reasons you give on your SEND35A for why you disagree with the LA's decision. They explain what the LA decided, why that decision was wrong (legally and/or factually), and what outcome you want the Tribunal to order. Weak grounds say 'the LA is wrong'; strong grounds explain precisely why — with reference to evidence and the legal threshold.
Does the strength of my grounds of appeal affect whether I win?
Yes — substantially. The Tribunal will review all the evidence, but well-drafted grounds help you focus the Tribunal's attention on the key issues and demonstrate that you have identified the legal error the LA made. Vague or emotional grounds without specific legal or factual analysis are harder to build on. Specificity matters.
Can I amend my grounds of appeal after submitting the SEND35A?
Amending grounds after submission is possible but requires the Tribunal's permission and is at its discretion. It is better to state your main grounds clearly at submission and note that you will develop them with fuller evidence in your bundle. Do not try to cover every point at SEND35A stage — focus on the key issues.
What is the correct legal threshold for a refusal to assess appeal?
The LA must carry out an EHC needs assessment if it considers it necessary to determine whether EHC provision is required. The test is whether assessment may be necessary — not whether an EHCP will definitely be needed. If the LA has applied a higher threshold (requiring certainty), this is a ground of appeal.
What is the correct legal threshold for a refusal to issue appeal?
The LA must issue an EHCP if the child has SEN and it is necessary for EHC provision to be made (section 37 CFA 2014). 'Necessary' is the key word — not 'desirable' or 'helpful'. The question is whether the provision needed to meet the child's needs can be secured without an EHCP. If it cannot, the threshold is met.
Can I include new evidence that the LA did not have when it made its decision?
Yes. The Tribunal reviews the decision on the basis of all current evidence — including evidence that has emerged since the LA's decision. Private assessments, updated school data, new professional reports, and parent evidence produced after the decision can all be included in your evidence bundle and considered at the hearing.
What is the difference between factual and legal grounds?
Factual grounds argue that the LA got the facts wrong — for example, by mischaracterising a report, overlooking evidence, or failing to consider all the needs described. Legal grounds argue that the LA applied the wrong legal test or failed to follow the correct procedure. Strong appeals often include both types of grounds.
Should I include my feelings in my grounds of appeal?
Your own account of how your child's unmet needs affect them is important evidence — but grounds of appeal are primarily factual and legal arguments, not emotional statements. A parent evidence statement (separate to the grounds) is where you describe the emotional and daily impact. In the grounds, focus on what the LA decided, why it was wrong, and what the evidence shows.

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.