How to Appeal an EHCP Decision to the SEND Tribunal

If your local authority has refused to assess your child, refused to issue an Education, Health and Care Plan (EHCP), or issued a plan you do not agree with, you have the right to appeal to the First-tier Tribunal (Special Educational Needs and Disability), usually called the SEND Tribunal. This guide explains when you can appeal, how the process works, the deadlines that matter, and how to give yourself the best chance of success.

Appealing can feel daunting, but the numbers are firmly on parents' side. The large majority of SEND appeals that reach a hearing are decided in the family's favour, and many councils concede before the hearing even takes place. The system is set up to be accessible to parents without a lawyer.

When You Can Appeal to the SEND Tribunal

You have a right of appeal at several specific points in the EHCP process. The most common are: a refusal to carry out an EHC needs assessment; a refusal to issue an EHCP after assessment; the contents of the final plan, particularly Section B (your child's needs), Section F (the special educational provision), and Section I (the named school or type of school); a decision to cease to maintain the plan; and a refusal to amend the plan after an annual review.

You cannot appeal Section H (social care) or Section G (health) on their own through this route, although the tribunal now has limited powers to make non-binding recommendations on health and social care in some cases. If your dispute is about how late the council has been rather than a decision, that is a matter for a complaint and the Local Government and Social Care Ombudsman, covered in our guide on the EHCP timeline.

The Strict Deadline: Two Months

You must lodge your appeal within two months of the date on the council's decision letter, or within one month of the date a mediation certificate is issued, whichever is later. This deadline is strict. Missing it can mean losing your right to appeal entirely, so diarise it the moment a decision letter arrives.

Before you can appeal most decisions, you must first contact a mediation adviser and obtain a mediation certificate. You do not have to go through mediation itself, but you must have the conversation and get the certificate. Our guide to the EHCP mediation process explains exactly how this works and when it is worth attending.

How the Appeal Process Works, Step by Step

Step 1: Get your mediation certificate. Contact the mediation service named in your decision letter. They issue the certificate, usually within a few days, which unlocks your right to appeal.

Step 2: Register your appeal. Complete the SEND Tribunal appeal form (SEND35) online or on paper, attaching the decision letter, the mediation certificate, and the EHCP if one exists. There is no fee to appeal.

Step 3: The council responds. The tribunal sets a timetable. The local authority must file its response and the relevant documents. You will receive a hearing date, typically several months ahead.

Step 4: Build your evidence bundle. This is where cases are won. Gather your child's reports from educational psychologists, therapists, the school and any private specialists, alongside your own written account of need. Strong, specific evidence is far more persuasive than strong feelings.

Step 5: The hearing. Hearings are held by a panel and are deliberately informal. Many are now held remotely by video. You can speak for yourself, bring a friend or representative, and call witnesses. The panel asks questions of both sides and issues a decision in writing, usually within a couple of weeks.

How to Give Yourself the Best Chance

Focus on evidence, not emotion. The tribunal decides on whether the legal threshold is met and whether the provision is specific and quantified. Read our guide on Section F specificity to understand what good provision wording looks like, because vague wording is one of the most common things parents successfully challenge.

Get independent reports where you can. An independent educational psychology report that quantifies need and recommends specific provision is one of the most powerful documents in any bundle. If a council report is thin, an independent one often tips the balance.

Be organised and meet every tribunal deadline yourself. Paginate your bundle, label your documents, and write a short, clear statement setting out what you are asking for and why. Councils frequently concede strong, well-evidenced cases before the hearing, which is the fastest possible win.

What Happens if You Win

If the tribunal finds in your favour, its orders are binding on the local authority. The council must carry out the assessment, issue or amend the plan, or name the school you sought, usually within a short, defined period. If the council fails to comply, that is enforceable. A tribunal win is one of the strongest outcomes available to a SEND family, which is why so many councils settle beforehand rather than risk it.