Right to appeal

Right to appeal to the SEND tribunal

magnifying glass over appeal scrabble letters

What happens - step-by-step

  1. LA decision letter received.  This letter explains the decision and gives you your right of appeal
  2. consider mediation You must contact Global Mediation  unless you’re only appealing Section I of the EHCP
  3. choose the correct form
    • SEND35 — appealing EHCP content or cease to maintain
    • SEND35a — appealing a refusal to assess
    • SEND35I — appealing placement only
  4. prepare your appeal - Include why you disagree, what you want changed, and any supporting documents
  5. submit your appeal - You’ll receive confirmation once the Tribunal registers your case
  6. tribunal sets the timeline - The LA will have 30 days to respond, and you will later receive your hearing date

Key timescales

  • You must appeal within 2 months of the LA decision letter or
  • 1 month from the mediation certificate (whichever date is later)

What you need to do

  • read your LA decision letter carefully
  • contact mediation and get your certificate
  • decide which sections of the EHCP you are appealing
  • complete the correct tribunal appeal form
  • gather any evidence you already have (for example, reports, emails)
  • submit your appeal and keep copies of everything


Who is responsible?

  • you submit the appeal
  • the LA must respond once the tribunal registers the case
  • the Tribunal manages the process

Tools and resources to help you

GOV.UK — SEND35,  SEND35a appeal forms

IPSEA website — legal information and template advice 

Documents to keep safe

  • LA decision letter
  • mediation certificate
  • your completed appeal form
  • all evidence sent
  • tribunal confirmation letter
  • LA response to your appeal


FAQs and tips

What if I miss the appeal deadline?

You can ask the tribunal for a late appeal — but this isn’t guaranteed.

Do I need a solicitor?

No. The tribunal is designed to be accessible for families.

Do I have to attend the hearing?

You can choose to attend in person, online or request a paper hearing.

Tips

  • start early — gathering evidence takes time
  • keep all your paperwork together
  • use plain English when explaining your reasons
  • don’t worry — the tribunal is used to helping families