London · local guide

Appealing an EHCP decision from Sutton

If Sutton council has refused to assess your child, refused to issue an EHC plan, or written a plan you disagree with, you can appeal to the SEND Tribunal. Here is how, in plain English.

General information for parents and carers in England, not legal advice. Always check the current forms and guidance on GOV.UK, and consider free advice from IPSEA or your local SENDIASS.

Decisions from Sutton you can appeal

  • A refusal to carry out an EHC needs assessment (use form SEND35A).
  • A refusal to issue an EHC plan after assessment.
  • The contents of a final plan — needs (Section B), provision (Section F) and the school named (Section I).
  • A refusal to amend a plan after annual review, or a decision to stop the plan.

The same national law (the Children and Families Act 2014 and the SEND Code of Practice) applies to Sutton as to every council in England, so the steps below apply to you.

Your time limit

Usually two months from the date of Sutton's decision letter, or one month from your mediation certificate, whichever is later. Work out your dates with the free deadline checker and always check the dates in your letters.

Step by step

  1. Note the date on the decision letter from Sutton.
  2. Contact the mediation adviser named in the letter to get a certificate (not needed if you only appeal Section I).
  3. Gather evidence — school reports, assessments, therapy and medical reports, and your own notes. Our evidence organiser can help sort them.
  4. Complete the appeal form. See the SEND35 form guide or prepare your answers in the SEND35 wizard.
  5. Follow the tribunal's timetable. Read the SEND Tribunal guide.

Free local help in Sutton

Every council area has a free, impartial SEND Information, Advice and Support Service (SENDIASS) and a Parent Carer Forum. Find yours through the IASS Network directory and the National Network of Parent Carer Forums. Sutton's "Local Offer" website lists its SEND services. National charity IPSEA also gives free advice.

Other councils in the London

Barking and Dagenham · Barnet · Bexley · Brent · Bromley · Camden · City of London · Croydon · All councils

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