Appealing a Final
Education, Health and Care Plan

Appealing a final Education, Health, and Care Plan (EHCP) decision involves a structured process. Here’s a step-by-step guide:

1. Identify the Grounds for Appeal

  • You can appeal if you disagree with:

    • The decision not to issue an EHCP

    • The description of needs in Section B

    • The provision in Section F

    • The named school or placement in Section I

    • A decision not to reassess

    Note: If you are appealing placement (Section I), you must also appeal Sections B and F.

2. Request Mediation (Mandatory Before Tribunal)

  • You must contact a mediation service within 2 months of the decision letter.

  • Mediation is not required if you are only appealing Section I.

  • If mediation isn’t successful (or you don’t want it), you will receive a Mediation Certificate (required for tribunal).

3. Submit an Appeal to the SEND Tribunal

  • You have 2 months from the decision letter or 1 month from the mediation certificate, whichever is later.

  • Use SEND35 Form (found on GOV.UK).

  • Send it with supporting evidence (reports, professional opinions, school input).

4. Acknowledge Case Registration & Case Management

  • The Tribunal will register your appeal and set a timeline.

  • The Local Authority (LA) must respond within 30 working days.

  • A case management hearing may be scheduled for complex cases.

5. Prepare for the Hearing

  • Gather additional evidence (expert reports, school statements, witness statements).

  • Submit a final evidence bundle (by the deadline set by the Tribunal).

  • Exchange witness lists and prepare for the hearing.

6. The Tribunal Hearing

  • The hearing is usually remote (via video) but can be in person.

  • Parents can bring legal representation, advocates, or relevant professionals.

  • The Tribunal will listen to both parties before making a legally binding decision.

7. Receive Tribunal Decision

  • Decisions are typically sent within 10 working days.

  • If successful, the LA must comply within strict deadlines (e.g., naming the new school within 2 weeks).

8. Enforce the Decision (if Needed)

If the LA fails to implement the Tribunal’s ruling, you can escalate through:

  • The Local Government Ombudsman (LGO)

  • Judicial Review (for serious delays)

Disclaimer: The information provided in this document was accurate at the time of writing. SENkind makes every effort to update content as needed, but guidance and processes may change. We are not a professional legal or advisory service; our support and advice are offered from a parental perspective based on lived experience. For specific legal or professional advice, please consult a qualified expert.

Appeals
Template Appeals Letter

“Until you have a child with additional needs, you have no idea of the depth of your strength, tenacity and resourcefulness”