SEND Tribunal Appeal Journey
From EHCP refusal or non-amendment to mediation, SEND tribunal hearing, and decision on Sections B, F, I.
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.
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.
Lodge appeal (Form SEND35a)
Submit to HM Courts and Tribunals Service. Attach the LA decision, mediation certificate, and any evidence in support.
Tribunal case management
Directions on disclosure, witness evidence, expert reports. Parents typically commission independent ed psych and other professional reports.
- 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).
- 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).