Free guide
How to appeal an EHCP decision
If your council has refused to assess your child, refused to issue an EHC plan, or written a plan you disagree with, you have the right to appeal. This guide explains the steps in plain English.
Decisions you can appeal
- A refusal to carry out an EHC needs assessment.
- A refusal to issue an EHC plan after an assessment.
- The contents of a plan: the description of needs (Section B), the special educational provision (Section F) and the school or setting named (Section I).
- A refusal to amend a plan after an annual review, or a decision to cease a plan.
The legal test for an assessment
Under section 36(8) of the Children and Families Act 2014, a council must carry out an assessment if a child or young person has or may have special educational needs, and it may be necessary for special educational provision to be made through an EHC plan. That's a relatively low threshold. Reasons such as "no diagnosis" or "the school hasn't spent enough yet" may not reflect it — our letter review can help you spot them.
Step by step
- Read the decision letter carefully. Note its date — your appeal time limit runs from it.
- Contact a mediation adviser (details are in the letter). You'll usually need a certificate before you appeal, unless you're only appealing Section I. You can choose mediation or just take the certificate.
- Gather your evidence — school reports, assessments, therapy and medical reports, and your own notes about your child's needs.
- Complete the appeal form (SEND35A for a refusal to assess, SEND35 for everything else) and send it to the SEND Tribunal within the time limit. See our SEND35 guide.
- Follow the tribunal's timetable for sending evidence and attending the hearing. See our SEND Tribunal guide.
Time limits
You usually have two months from the date of the decision letter, or one month from the date of the mediation certificate, whichever is later. Try our free deadline checker, and always check the dates in your letters.
Talk to the council too
Appealing doesn't stop you talking to the council. Some councils change their decision once they see the appeal and evidence. Keep everything in writing.
Free independent help
IPSEA and your local SEND Information, Advice and Support Service (SENDIASS) offer free, independent advice. If you're an adoptive or kinship family, your Virtual School Head may also be able to help — see our adoptive families page.
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