If an English local authority has refused an education, health and care (EHC) needs assessment, refused to issue or amend an EHC plan, named an unsuitable placement, or decided a plan is no longer necessary, you may be able to appeal to the First-tier Tribunal (Special Educational Needs and Disability). The route is tightly defined: identify the decision and its date, complete the mediation step required for most appeals, use the correct form, and make sure the Tribunal receives it by the deadline.
This guide covers England only. Wales, Scotland and Northern Ireland have different systems and deadlines. Your decision letter, the current HM Courts and Tribunals Service (HMCTS) form and the Tribunal’s directions govern your individual case.
Can I appeal a local authority SEND decision?
The SEND Tribunal can hear specified disagreements about EHC needs assessments and EHC plans. It is not a general complaints route for every problem with special educational needs and disability (SEND) support. Start by matching the wording of the local authority’s decision letter to one of the appealable categories below.
| Local authority decision | What the appeal can address | Form and preparation point |
|---|---|---|
| Refusal to carry out an EHC needs assessment | Whether an assessment should be made | HMCTS publishes SEND35A for an appeal against a decision not to secure an EHC needs assessment. |
| Refusal to carry out an EHC needs reassessment | Whether a reassessment should be undertaken | Check the current HMCTS instructions for the form that applies to your decision and gather the refusal letter and supporting evidence. |
| Refusal to issue an EHC plan after an assessment or reassessment | Whether the authority should issue a plan | Use the applicable EHC-plan appeal form and explain why the assessment evidence meets the legal threshold for a plan. |
| Disagreement with an EHC plan | Education sections B (needs), F (special educational provision) and I (placement) | Use SEND35 for the applicable EHC-plan appeal and identify the exact wording or omission in each disputed section. |
| Refusal to change an existing plan | Whether the education sections should be amended | Set out the requested wording for sections B, F and/or I and the evidence supporting each change. |
| Decision that an EHC plan is no longer needed | Whether the plan should be maintained | Challenge the decision using the applicable EHC-plan appeal route and explain why the child or young person still requires the specified support. |
The Tribunal’s jurisdiction information also describes refusals to assess, reassess, issue, change or maintain a plan. If your dispute concerns only day-to-day delivery of provision, a school’s conduct, transport, social care, health treatment or another service issue, do not assume this appeal route applies. The decision letter may point to a different complaint, review or enforcement process.
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Which parts of an EHC plan can the Tribunal change?
An education appeal normally concerns three sections:
- Section B: the child or young person’s special educational needs.
- Section F: the special educational provision required to meet those needs.
- Section I: the school or other institution named as the placement.
State precisely which of these sections you dispute. For example, an appeal may say that Section B omits a diagnosed communication need, Section F does not specify the frequency or expertise of an intervention, or Section I names a setting that cannot meet the documented needs. Keep the argument tied to the plan and the evidence rather than making a general statement that support is inadequate.
The appeal form also allows you to ask the Tribunal to make recommendations about health sections C and G and social care sections D and H. These are recommendations, not the same as the Tribunal’s binding decisions on the education sections. GOV.UK explains that the Tribunal has power to make such health and social care recommendations; identify them separately so the Tribunal can see what you are asking it to consider.
How do I challenge an EHC plan?
Use the decision letter as your starting document. It should tell you what the authority decided, when it made the decision and, usually, how to appeal or obtain mediation information. Create a short chronology before completing the form: the request for assessment or change, key reports, the decision date, the date you received the letter, contact with the mediation service and the date of any certificate.
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1. Define the decision you are appealing
Write the decision in one sentence and quote the relevant wording from the letter where helpful. Then list the sections or outcome you want changed. A refusal to assess is different from a refusal to issue a plan; an objection to the named school is different from a dispute about the provision in Section F. That distinction determines the form and the arguments the Tribunal needs.
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2. Set out the outcome you want
Ask for a concrete result: an assessment or reassessment, an EHC plan, continuation of a plan, amended wording in Section B or F, or a different institution in Section I. If you seek changes to several sections, deal with each separately and provide proposed wording where you can. Explain how the requested outcome follows from the child or young person’s needs and the evidence.
3. Assemble the documents
The SEND35 guidance lists the decision letter, the final EHC plan (if one exists), the documents listed in Section K and a mediation certificate where one is required. Add other evidence that supports the appeal, such as professional reports, school information, attendance or exclusion records, and correspondence that directly addresses the disputed issue. Do not attach material merely because it is available; label each document and explain which point it proves.
If you add pages beyond the form, put the appellant’s name on every extra page. If completing a paper form by hand, write clearly. Keep a complete copy of what you submit and proof of the date and method of delivery.
Do I have to go to mediation?
In most cases you must contact a mediation adviser or service before appealing. The adviser explains what mediation involves and issues the certificate used in the appeal process. You do not have to attend a mediation meeting if you decide it is not right for your case. You must still contact the service and obtain the certificate unless your appeal falls within the placement-only exception.
The placement-only exception
An appeal solely about which school or other institution is named in Section I is exempt from the mediation-certificate requirement. The exception is narrow. If you are also challenging Section B, Section F, the existence of the plan or another issue, treat the case as more than a placement-only appeal and follow the mediation instructions for that wider dispute.
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What the certificate does
The certificate records that the mediation service was contacted and is part of calculating the filing deadline. The current SEND35 form says that a certificate is required in most cases and allows you to explain why one is missing. Do not wait for a meeting if you intend to appeal: contact the adviser promptly, ask how the certificate will be issued, and keep the date of your contact.
Mediation can provide an opportunity to resolve wording, provision or placement issues without a hearing, but choosing not to meet does not prevent you from appealing. The procedural requirement is contact and, where applicable, the certificate.
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The ordinary deadline is whichever is later:
- two months from the date you received the local authority’s decision letter; or
- one month from the date on the mediation certificate.
The Tribunal must receive the appeal within the applicable period. Treat this as a strict procedural deadline, not a target for posting the form. Check the dates on your own letter and certificate, allow time for delivery or online submission, and retain confirmation that HMCTS received the appeal.
If the deadline may already have passed, submit specialist advice immediately rather than assuming the appeal is impossible. Explain the timing in the form and provide any evidence relevant to the delay. Whether a late appeal can proceed is a decision for the Tribunal; do not rely on an informal assurance from the local authority.
Which SEND appeal form do I need?
SEND35
SEND35 is the HMCTS form for applicable appeals about an EHC plan. It is used where the dispute concerns the contents of a plan or a decision to issue, change or maintain one. The form asks for the decision, the issues in dispute, the outcome sought and the supporting documents. The official publication page was updated on 9 February 2026, so use the current version rather than an old saved copy.
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SEND35A
SEND35A is the separate HMCTS form for an appeal against a decision not to secure an EHC needs assessment. Read the form’s current instructions carefully if the authority refused a reassessment or made a decision that does not fit neatly into the form title. Where the classification is uncertain, obtain advice quickly and do not let the deadline expire while you are deciding which form to use.
Before submitting
- Copy the decision date and the date you received the letter exactly.
- Identify whether the appeal is about assessment, issuing or maintaining a plan, or sections B, F and/or I.
- Record the mediation contact and certificate date, or state why the placement-only exemption applies.
- Attach the decision letter, final plan if there is one, Section K documents and relevant evidence.
- Check that every requested change is clear and that additional pages carry the appellant’s name.
- Submit the complete form so HMCTS receives it within the calculated deadline and keep the receipt or confirmation.
How should I present the evidence?
Organise evidence around the decision rather than sending an unindexed bundle. A useful order is the decision letter, the current or proposed plan, Section K documents, then reports and correspondence. Number the pages and refer to the page number when explaining a need or provision. If a report recommends a specific intervention, quote the recommendation accurately and explain where the plan fails to reflect it.
For Section B, show the need and its functional effect in education. For Section F, connect each need to a specified, quantified and deliverable provision where the evidence supports that level of detail. For Section I, explain why the named or proposed institution can or cannot meet the identified needs, using the available professional and school evidence. Avoid asking the Tribunal to decide a point that is not connected to the appealable sections.
Evidence can include material created after the decision if it helps explain the position, but identify its date and purpose. Distinguish an established assessment finding from a parent’s observation or a proposed future intervention. Clear labelling makes it easier for the Tribunal and the local authority to understand what has changed and what remains disputed.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What happens after a successful appeal?
GOV.UK sets periods within which the local authority must act after particular Tribunal outcomes:
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| Required action | Period stated in GOV.UK guidance |
|---|---|
| Start an EHC needs assessment or reassessment | Two weeks |
| Make an EHC plan | Five weeks |
| Change needs or provision in sections B or F | Five weeks |
| Change the named school or placement in Section I | Two weeks |
These are procedural periods attached to the relevant outcome. Keep the Tribunal decision and monitor the date from which the authority’s period runs. If the authority does not act, GOV.UK says you can complain to the Local Government and Social Care Ombudsman. Keep copies of requests, responses and evidence of non-compliance for that complaint.
What if my problem is not appealable through the SEND Tribunal?
The Tribunal route is limited to the EHC decisions and sections described above. A disagreement about how a school is delivering provision already written in Section F, a missed service, transport, health treatment or social care may require a complaint to the responsible body, an appeal under another scheme or advice from an advocate. Read the decision letter and identify who made the decision before choosing a route.
You can raise unresolved delivery issues with the local authority or school while seeking advice, but do not let a potential Tribunal deadline lapse because another complaint is ongoing. A complaint does not automatically replace or extend the appeal period.
Where can I get free help?
- IPSEA: GOV.UK identifies IPSEA as a source of free information and advice on SEND law and procedures.
- Local information, advice and support: your local Parent Partnership Service, provided through the IASS Network, can explain local SEND processes and support options.
- Legal aid: check whether you qualify for legal aid, particularly if the dispute is complex or the deadline is close.
- The Tribunal: HMCTS can help with completing its appeal form or explain how the Tribunal works. Its SEND35 form states, “The tribunal cannot give legal advice.” Use the Tribunal for procedural information, not for advice on the merits of your case.
When asking for help, send the decision letter, the plan, the mediation information and your chronology. Tell the adviser the deadline you have calculated and whether the appeal concerns assessment, issuing or maintaining a plan, or sections B, F and I.
Quick Recap
A practical checklist before you file
- Confirm that the matter is in England and concerns an appealable EHC decision.
- Write down the decision date and the date you received the letter.
- Mark the two-month decision-letter deadline.
- Contact the mediation adviser unless the appeal is solely about the Section I placement.
- Record the certificate date and recalculate the deadline as one month from the certificate or two months from the letter, whichever is later.
- Choose SEND35 or SEND35A according to the decision and the current HMCTS instructions.
- Specify the requested outcome and identify every disputed section.
- Attach the decision letter, final plan if applicable, Section K documents, mediation certificate where required and relevant evidence.
- Put your name on additional pages, check legibility and keep a full copy.
- Submit early enough for HMCTS to receive the appeal within time and preserve proof of submission.
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