Who is allowed to appeal a local authority decision about an EHC plan?

Parents and young people over 16 can appeal local authority decisions regarding EHC needs assessments, the contents of an EHC plan (specifically sections B, F, and I), or the cessation of a plan. The appeal process typically takes between four and ten months from the initial appeal to the hearing.

How long do I have to appeal a local authority decision?

You generally have two months from the date of the decision letter to lodge an appeal. However, if you have considered mediation, this window is reduced to one month. Mediation is a statutory requirement for most appeals, and you must obtain a mediation certificate before proceeding to the tribunal.

What documents are required to lodge a SEND tribunal appeal?

You must submit Form SEND35a to HM Courts and Tribunals Service. This form must be accompanied by the local authority decision letter, a mediation certificate, and any supporting evidence. The process is free for parents, though you may incur costs for independent expert reports or legal representation.

What happens during the SEND tribunal hearing?

The hearing is usually held over one day before a panel consisting of a judge and two specialist members. It is often conducted remotely via video. Parents may choose to represent themselves or instruct a specialist solicitor or barrister, but legal aid is not available for these proceedings.

What happens after the tribunal makes a decision?

If the tribunal rules in your favour, the local authority must implement the order within prescribed timescales. For amendments to an existing EHC plan, this is typically five weeks. The tribunal can order the authority to carry out an assessment, issue a plan, or amend specific sections of the plan.

All Legal Journeys

Education Law

England & Wales

7 stages

4–10 months from appeal to hearing

Reviewed 2026-05-21

SEND Tribunal Appeal Journey

From EHCP refusal or non-amendment to mediation, SEND tribunal hearing, and decision on Sections B, F, I.

This page mainly applies to England and Wales. Scotland and Northern Ireland may have different rules — check the jurisdiction before relying on this information.

Who Uses This Journey

Parents (and over-16-year-old young people) appealing local authority decisions about EHC needs assessments, EHC plan contents (sections B = needs, F = provision, I = placement), or cessation.

Stage-by-Stage Timeline

Receive LA decision letter

Triggers the 2-month appeal window. Common decisions: refusal to assess, refusal to issue EHCP, content disagreement, cessation.

Deadline: 2 months from decision letter (1 month if mediation considered)

Mediation (consider or attend)

Statutory requirement: parents must consider mediation (and obtain a mediation certificate) before appealing on most grounds. Mediation is usually conducted by an external mediation provider.

Fee: Free for parents

Lodge appeal (Form SEND35a)

Submit to HM Courts and Tribunals Service. Attach the LA decision, mediation certificate, and any evidence in support.

Fee: Free

Forms at This Stage

SEND35A

Tribunal case management

Directions on disclosure, witness evidence, expert reports. Parents typically commission independent ed psych and other professional reports.

Evidence Needed

Educational Psychologist report
Speech and Language Therapy report
Occupational Therapy report
School observations
Parental statements

Bundle and witness statements

Exchange and finalise the bundle 4–6 weeks before hearing. Witness statements from professionals and parents.

Hearing

Usually 1 day, before a panel of judge + 2 specialist members. Often held remotely via video. Parents may self-represent or instruct a specialist solicitor or barrister (no legal aid).

Possible Outcomes

Order LA to carry out assessment
Order LA to issue EHCP
Order LA to amend sections B/F/I (content, provision, placement)
Refuse appeal

LA compliance

LA must implement the order within prescribed timescales (typically 5 weeks for amendments to a plan).

Official Sources

Appeal an EHC plan decision Children and Families Act 2014 Part 3 SEND Code of Practice

Related Guides

School Sen Appeal

Frequently asked questions

Who is allowed to appeal a local authority decision about an EHC plan?: Parents and young people over 16 can appeal local authority decisions regarding EHC needs assessments, the contents of an EHC plan (specifically sections B, F, and I), or the cessation of a plan. The appeal process typically takes between four and ten months from the initial appeal to the hearing.
How long do I have to appeal a local authority decision?: You generally have two months from the date of the decision letter to lodge an appeal. However, if you have considered mediation, this window is reduced to one month. Mediation is a statutory requirement for most appeals, and you must obtain a mediation certificate before proceeding to the tribunal.
What documents are required to lodge a SEND tribunal appeal?: You must submit Form SEND35a to HM Courts and Tribunals Service. This form must be accompanied by the local authority decision letter, a mediation certificate, and any supporting evidence. The process is free for parents, though you may incur costs for independent expert reports or legal representation.
What happens during the SEND tribunal hearing?: The hearing is usually held over one day before a panel consisting of a judge and two specialist members. It is often conducted remotely via video. Parents may choose to represent themselves or instruct a specialist solicitor or barrister, but legal aid is not available for these proceedings.
What happens after the tribunal makes a decision?: If the tribunal rules in your favour, the local authority must implement the order within prescribed timescales. For amendments to an existing EHC plan, this is typically five weeks. The tribunal can order the authority to carry out an assessment, issue a plan, or amend specific sections of the plan.