EHCP Appeal & Tribunal Support | School of Diversity

EHCP Appeal and SEND Tribunal Support

Clear, structured support to help parents understand an EHCP decision, organise the evidence and prepare for mediation or the SEND Tribunal.

Receiving a final EHCP that does not properly reflect your child’s needs can feel overwhelming. You may be facing vague provision, missing needs, an unsuitable placement or a local-authority decision that does not appear consistent with the evidence.

School of Diversity provides practical EHCP appeal preparation and supported tribunal casework for families across England.

We can help you identify the issues in dispute, prepare clear documents and remain involved through the agreed stages of the appeal.

When Can an EHCP Decision Be Appealed?

Parents and eligible young people may be able to appeal where they disagree with certain decisions made by the local authority.

This may include:

a refusal to carry out an EHC needs assessment or reassessment;
a refusal to issue an EHCP after an assessment;
the special educational needs recorded in Section B;
the special educational provision recorded in Section F;
the educational placement or type of setting in Section I;
a refusal to amend an EHCP following review or reassessment;
a decision to cease maintaining an EHCP.

This page primarily covers appeals involving a final EHCP, including disputes about Sections B, F and I.

For a refusal to carry out an EHC needs assessment, visit our separate Refusal-to-Assess Appeal Support page.

What Can Be Challenged in a Final EHCP?

A final EHCP should accurately describe the child or young person’s special educational needs and specify the provision required to meet them.

Section B: Special Educational Needs

Section B should contain a complete and accurate description of all identified special educational needs.

An appeal may be considered where:

important needs have been omitted;
needs have been described vaguely;
professional findings have not been included;
diagnoses are listed without explaining functional impact;
communication, sensory, emotional or independence needs are missing;
the plan does not reflect the child’s current presentation.

Section F: Special Educational Provision

Section F should specify the special educational provision required for each need identified in Section B.

Concerns may include:

support is described as “access to” provision;
frequency and duration are missing;
staffing levels are unclear;
group size is not specified;
responsibility for delivery is uncertain;
therapy recommendations have been omitted;
provision is left to the school to decide later;
support is conditional on resources or availability;
professional recommendations have been weakened.

Section I: Educational Placement

Section I records the school, college or type of educational setting.

An appeal may be considered where:

the named school cannot meet the child’s needs;
the required provision cannot be delivered in the proposed setting;
a specialist placement has been refused;
the local authority has named a setting the parent considers unsuitable;
the preferred placement has not been properly considered;
the plan does not support a lawful and informed placement decision.

Sections B, F and I should be considered together. The suitability of a placement cannot be properly assessed unless needs and provision are accurately described.

Appeal Preparation or Supported Casework

We offer two levels of support.

Tribunal Appeal Preparation

This is suitable for parents who want their appeal documents prepared but feel confident managing later tribunal correspondence and deadlines themselves.

Supported Tribunal Casework

This includes the preparation work plus continued practical support through the agreed case-management and hearing-preparation stages.

You will receive a written service schedule confirming:

which documents will be prepared;
the evidence allowance;
consultations included;
stages covered;
correspondence included;
responsibilities and exclusions;
the point at which the package ends.

Compare Our EHCP Appeal Packages

Feature	Tribunal Appeal Preparation	Supported Tribunal Casework
Price	From £595	From £1,650
Best for	Defined appeals managed later by the parent	More complex appeals requiring continued practical support
Final EHCP review	✓	✓
Review of agreed evidence	✓	✓
Identification of appeal issues	✓	✓
SEND35 preparation	✓	✓
Grounds of appeal	✓	✓
Parent statement	✓	✓
Evidence index	✓	✓
Submission guidance	✓	Managed where agreed
Mediation preparation	Basic guidance	✓
Local-authority response review	—	✓
Working document support	—	✓
Additional evidence organisation	—	✓
Chronology	—	✓
Case Review Form support	—	✓
Witness planning	—	✓
Hearing-preparation meetings	—	✓
Agreed deadline schedule	—	✓
Hearing attendance	—	Quoted separately
Regulated legal representation	—	Not included

Tribunal Appeal Preparation — From £595

This package may be suitable where the appeal is clearly defined and the parent is comfortable managing the later stages.

Depending on the issues being appealed, it may include:

initial case consultation;
review of the final EHCP;
review of an agreed evidence allowance;
identification of appealable issues;
review of Sections B, F and I;
preparation or review of the SEND35 form;
grounds of appeal;
detailed parent statement;
evidence index;
mediation guidance;
submission checklist;
one consultation;
one agreed revision.

The precise fee will depend on:

the sections being appealed;
whether placement is disputed;
the amount of evidence;
the complexity of the requested amendments;
the number of professional reports involved.

Supported Tribunal Casework — From £1,650

This package is designed for parents who want continued practical support after the appeal has been prepared or registered.

It may include everything in Tribunal Appeal Preparation, plus:

agreed submission of appeal documents;
service of agreed documents on the local authority;
case-deadline schedule;
review of the local authority’s response;
support responding to tribunal directions;
additional evidence organisation;
preparation of a chronology;
working document support;
Case Review Form support;
review of disputed wording;
witness-planning guidance;
preparation of key issues and questions;
hearing-preparation consultations;
support through to the agreed pre-hearing stage.

Hearing attendance, formal representation and substantial expert evidence are not included unless expressly confirmed in writing.

What Evidence May Be Needed?

The evidence required depends on the issues under appeal.

Relevant evidence may include:

the final EHCP;
previous draft plans;
educational psychology reports;
speech and language therapy reports;
occupational therapy reports;
autism or ADHD assessment reports;
school reports;
SEN Support records;
progress and attainment evidence;
attendance records;
incident or exclusion records;
correspondence with the school or local authority;
parental evidence;
child or young person’s views;
evidence relating to the requested placement.

A strong case does not depend on submitting the largest possible bundle.

The evidence should help establish:

the child or young person’s needs;
the educational impact of those needs;
the provision required;
why the current plan is insufficient;
why the requested amendments or placement are appropriate.

Parent and Young Person Statements

Parent evidence can provide essential context about the child’s needs and daily functioning.

A parent statement may explain:

strengths and interests;
developmental and educational history;
unmet needs;
support required at home;
school-related distress;
communication and sensory needs;
emotional regulation;
attendance difficulties;
independence and personal care;
the effect of unsuitable or insufficient provision;
why the requested changes are necessary.

The child or young person’s views should also be included where possible.

These may address:

what they enjoy;
what they find difficult;
how they experience school;
what support helps;
what makes them feel safe;
their views about placement;
their hopes for the future.

Mediation Before an Appeal

In most EHCP appeals, the parent or young person must contact a mediation adviser before registering the appeal.

You can decide whether to:

participate in mediation; or
obtain the required certificate without proceeding to a mediation meeting.

Different requirements apply where the appeal concerns Section I placement only.

We can help you prepare for mediation by:

identifying the issues in dispute;
setting out the amendments sought;
organising the supporting evidence;
preparing questions;
reviewing proposed agreements;
identifying matters that remain unresolved.

Mediation should be approached with a clear understanding of the outcome being requested.

The SEND35 Appeal Form

The SEND35 form is used for appeals concerning decisions about an EHC plan, including certain disputes about a final EHCP.

The appeal documentation should clearly identify:

the local-authority decision being challenged;
the sections under appeal;
the changes requested;
the grounds supporting those changes;
the evidence relied upon;
the mediation position;
any placement being sought.

The tribunal form is only one part of the case. The grounds and evidence must explain why the requested outcome is appropriate.

A separate SEND35A form is used where the appeal concerns a refusal to secure an EHC needs assessment.

Understanding the Appeal Deadline

The tribunal must normally receive an appeal within:

two months of the date on the local authority’s decision letter; or
one month from the date of the mediation certificate;

whichever gives the later date.

Parents should check the date on the decision letter immediately and contact the mediation adviser promptly where required.

Do not wait until every piece of evidence has been obtained before checking or protecting the appeal deadline.

What Happens After the Appeal Is Registered?

After registration, the tribunal will issue case directions.

These may include deadlines for:

the local authority’s response;
further evidence;
attendance information;
witness details;
the Case Review Form;
the working document;
the hearing.

The local authority may:

oppose the appeal;
agree with part of the appeal;
propose amendments;
continue discussions;
concede the appeal;
proceed to a hearing.

Parents must read every direction carefully and keep a clear record of the deadlines.

The Local Authority’s Response

The local authority’s response should explain whether it opposes the appeal and why.

We can help parents review:

the authority’s stated position;
evidence relied upon;
inaccuracies or omissions;
proposed amendments;
points that remain disputed;
placement arguments;
further evidence that may be required.

A local-authority response should not be treated as the final word. It is part of the evidence and case-management process.

Working Document Support

Where an appeal concerns the contents of an EHCP, the parties will usually work on a document showing proposed amendments.

The working document may record:

wording agreed by both parties;
wording proposed by the parent or young person;
wording proposed by the local authority;
wording that remains disputed.

We can help:

track agreed and disputed amendments;
connect Section B needs to Section F provision;
identify vague wording;
maintain consistency between sections;
compare wording with professional evidence;
prepare for unresolved issues to be considered at the hearing.

A working document is not simply an editing exercise. It is one of the principal documents through which the disputed EHCP wording is managed.

Case Review Form Support

The tribunal may require the parties to complete a Case Review Form before the hearing.

The form may address matters such as:

issues remaining in dispute;
whether the appeal is ready to proceed;
witnesses;
hearing format;
time estimates;
additional applications or directions;
whether the case may settle.

Supported Tribunal Casework can include preparation or review of the Case Review Form within the agreed scope.

Paper Hearing or Oral Hearing

The tribunal may determine an appeal through a paper hearing or an oral hearing.

Paper Hearing

The panel considers the documents without the parties attending.

This may be appropriate where:

the issues are narrow;
the evidence is clear;
little factual clarification is required;
the written case fully explains the position.

Oral Hearing

The parties attend and answer questions from the tribunal panel.

An oral hearing may be more appropriate where:

the child’s presentation requires explanation;
there are significant factual disputes;
witnesses need to answer questions;
professional evidence requires clarification;
the parent wishes to give direct evidence;
placement or provision issues are complex.

We can help parents understand the practical differences and prepare a clear request where a particular hearing format is sought.

Witness Planning and Preparation

Potential witnesses may include:

a parent or carer;
the child or young person where appropriate;
the SENCO;
a class teacher;
an educational psychologist;
a speech and language therapist;
an occupational therapist;
another relevant professional;
a representative from the requested educational setting.

The appropriate witnesses depend on the issues under appeal.

Witness preparation may include:

identifying what each witness can establish;
reviewing their evidence;
preparing key topics;
explaining the hearing process;
organising questions;
checking availability and tribunal directions.

Expert attendance fees are separate from School of Diversity’s charges.

Preparing for the Hearing

Hearing preparation may include:

reviewing the final evidence;
identifying unresolved issues;
preparing a concise case summary;
organising key documents;
preparing questions;
reviewing the working document;
preparing the parent to explain their position;
confirming witnesses;
checking practical hearing arrangements.

Parents should understand:

what outcome is being requested;
which evidence supports it;
which matters remain disputed;
how the child’s needs connect to the required provision and placement.

Hearing Attendance

Attendance at a SEND Tribunal hearing is not automatically included in our preparation or supported-casework packages.

Where requested, attendance will be considered separately and quoted according to:

the agreed role;
hearing length;
evidence volume;
number of witnesses;
preparation required;
whether the hearing is remote or in person;
travel where applicable.

School of Diversity provides practical SEND advocacy and parent support. We do not present the service as representation by a solicitor or barrister.

Where specialist legal representation is required, we may recommend obtaining advice from an appropriately authorised professional.

Appeals Involving Health and Social Care

Where there is an educational appeal, the tribunal may also be asked to make recommendations about certain health and social care aspects of an EHCP.

These recommendations operate differently from decisions about the educational sections.

Cases involving complex health, social care, discrimination or public-law issues may require advice from an appropriately qualified legal professional.

How Our EHCP Appeal Support Works

1. Book a Free Consultation

Tell us:

the decision received;
the date of the decision letter;
the sections in dispute;
any placement concerns;
whether mediation has been considered;
the appeal deadline.

2. Send the Principal Documents

We may request:

the final EHCP;
the decision letter;
professional reports;
earlier draft plans;
parental representations;
local-authority correspondence;
evidence relating to placement.

3. Receive a Package Recommendation

We assess whether you are likely to need:

Tribunal Appeal Preparation; or
Supported Tribunal Casework.

4. Confirm the Scope and Fee

You receive a written service schedule setting out:

the work included;
evidence allowance;
consultations;
correspondence;
stages covered;
fee and payment schedule;
exclusions.

5. Prepare the Case

We complete the agreed review, drafting and evidence organisation.

6. Continue Through the Agreed Stage

Where Supported Tribunal Casework is selected, we remain involved through the case-management and hearing-preparation stages specified in the agreement.

Who Is This Service For?

The service may be suitable where:

a final EHCP omits important needs;
Section F provision is vague or insufficient;
professional recommendations have not been included;
the named placement is unsuitable;
the preferred placement has been refused;
the local authority has refused to amend the plan;
the local authority has decided to cease the EHCP;
mediation has not resolved the dispute;
the parent is unsure how to prepare SEND35;
the evidence is extensive or difficult to organise;
a working document is required;
tribunal directions or deadlines feel overwhelming;
the parent requires structured hearing preparation.

Why Choose School of Diversity?

Clear Case Preparation

We help organise the appeal around the issues, requested outcomes and supporting evidence.

Parent-Friendly Guidance

Tribunal procedures and documents are explained in accessible language.

Evidence-Led Support

Proposed changes are linked to educational, professional and parental evidence.

Two Levels of Service

Parents can choose preparation-only support or continued supported casework.

Transparent Fees and Boundaries

The documents, consultations, stages and exclusions are confirmed before work begins.

Support Across England

Most document review, preparation and case-support services can be delivered remotely.

Frequently Asked Questions

Can You Guarantee That My Appeal Will Succeed?

No.

No responsible advocate or professional can guarantee a tribunal outcome.

We can help prepare and present the case clearly, but the decision remains with the tribunal.

Can I Appeal Every Part of an EHCP?

The principal educational appeal rights concern Sections B, F and I, together with specified local-authority decisions.

The precise appeal rights depend on the decision received.

Do I Need a Solicitor?

Parents can conduct their own SEND Tribunal appeal.

Some families choose practical advocacy support, while others require specialist legal advice or representation.

The appropriate option depends on the complexity and legal issues involved.

Will You Complete SEND35?

SEND35 preparation or review can be included in the agreed appeal package.

Do I Need a Mediation Certificate?

In most cases, you must contact a mediation adviser and obtain the appropriate certificate before appealing.

Different rules apply to a placement-only appeal concerning Section I.

How Long Do I Have to Appeal?

The usual deadline is two months from the date of the decision letter or one month from the mediation certificate, whichever is later.

Does Supported Casework Include the Hearing?

No, unless hearing attendance is expressly included in the written quotation.

Can I Upgrade From Preparation Support?

Where possible, yes.

An upgrade depends on:

the request being made promptly;
the case remaining within the original scope;
no substantial duplication being required;
availability for the later case stages.

Is This Service Available Throughout the UK?

This service concerns the EHCP and SEND Tribunal system in England.

Different statutory systems operate in Wales, Scotland and Northern Ireland.

Do Not Let the Appeal Deadline Pass

Appeal deadlines are limited.

Send us the final EHCP, decision letter and any mediation certificate as soon as possible so that we can identify the relevant issues and recommend the appropriate level of support.

Important Information

School of Diversity provides practical SEND guidance, evidence review, document preparation, parent advocacy and tribunal-preparation support.

Unless expressly confirmed otherwise, we do not act as solicitors or barristers and do not provide regulated legal representation.

We cannot guarantee a local-authority concession, settlement, tribunal decision, placement or amendment.

Parents and young people remain responsible for promptly forwarding all tribunal and local-authority correspondence and checking that deadlines are met.

The precise service scope, evidence allowance, responsibilities, fees and exclusions will be recorded in the client agreement.