EHCP appeal and SEND Tribunal support
Clear issues. Relevant evidence. Specific outcomes.
An appeal can bring deadlines, professional reports, disputed wording and unfamiliar documents. We help you break the case down and understand what the tribunal is being asked to decide.
Our support focuses on evidence, grounds of appeal, EHCP wording, case strategy and hearing preparation, with the scope agreed before work starts.
Record the appeal deadline immediately
The tribunal must normally receive an appeal within two months of the decision-letter date or one month of the mediation-certificate date, whichever is later.
Discussions, consultations or promises to reconsider do not automatically stop the clock. Share the decision letter, certificate and any existing tribunal directions when you enquire.
What can the SEND Tribunal decide?
The SEND Tribunal is independent of the local authority. It determines appeals within its jurisdiction, based on the evidence and applicable law.
Your appeal rights depend on the precise decision. A disagreement does not always create an immediate right of appeal.
Assessment decisions
Refusal to assess or reassess, or refusal to issue a plan after an assessment.
Refusal-to-assess supportEHCP contents
Special educational needs in Section B, educational provision in Section F and placement in Section I.
Review and continuation
Relevant decisions not to amend following review or to cease maintaining an EHCP.
Health and social care
In qualifying appeals, the tribunal can also make recommendations about certain health and social care aspects. These are non-binding recommendations, distinct from binding educational orders.
Prepare your appeal or agree continued casework
Starting prices depend on the issues, placement dispute, document volume, reports and complexity. Your written service schedule confirms the work and fee.
Tribunal Appeal Preparation
From £595
For a clearly defined appeal where you will manage the later stages.
May include, as agreed:
- Initial case consultation.
- Final EHCP and agreed evidence review.
- Identification of appealable issues and review of Sections B, F and I.
- SEND35 preparation or review for the relevant appeal.
- Grounds of appeal and detailed parent statement.
- Evidence index and submission checklist.
- Mediation guidance.
- One consultation and one agreed revision.
Supported Tribunal Casework
From £1,650
For continued support after preparation or registration, through the agreed pre-hearing stage.
May include Preparation, plus:
- Agreed appeal submission and service of documents.
- Case-deadline schedule.
- Local-authority response review and support with directions.
- Additional evidence organisation and chronology.
- Working document and Case Review Form support.
- Review of disputed wording.
- Witness-planning guidance.
- Key issues, questions and hearing-preparation consultations.
Important exclusions: Hearing attendance, formal representation and substantial expert evidence are not included unless expressly confirmed in writing. The agreement specifies document allowances, consultations, correspondence, covered stages, payment schedule and the endpoint of support.
Build the appeal around the decision needed
The issue
For example: Section F does not state the frequency and duration of recommended literacy teaching.
The evidence
Identify the report, date and passage recommending the provision. Explain how the final plan differs.
The outcome sought
Set out the amendment you ask the tribunal to order, supported by the individual evidence.
Illustrative example only. Evidence and requested wording should accurately reflect the child or young person’s circumstances.
Grounds should explain why the decision should change. A long history of poor communication may not answer the legal dispute. Keep the focus on needs, required provision and the outcome within the tribunal’s powers.
Match the evidence to the type of appeal
Refusal to assess
The question is whether the assessment threshold is met: the child has or may have SEN and provision through an EHCP may be necessary. Explain needs, educational access, support and continuing difficulties.
A successful appeal secures assessment, not an automatic final EHCP. The specific appeal form is SEND35A.
Refusal to issue an EHCP
An assessment has taken place. The issue is whether special educational provision through a plan is necessary. Review the assessment advice, required provision and limits of existing arrangements.
Sections B and F: needs and provision
Read them together. Missing or minimised needs can lead to missing provision. Compare professional findings with the plan and identify the replacement wording sought.
Consider delivery, frequency, duration, staffing, group size, training and specialist oversight where relevant. General phrases such as “access to support” can leave these unclear.
Section I: placement
Connect needs, provision and environmental requirements to the proposed setting. Compare consultation responses, delivery, suitability and relevant resource arguments.
Check whether Sections B and F also require amendment so that the placement case reflects the provision needed.
Explore placement supportReview decisions and ceasing a plan
Consider updated needs, recommendations, continuing provision, education or training and transition. Explain why the decision should change using evidence relevant to the particular appeal.
Registering an appeal and mediation advice
Use current HMCTS instructions. Refusal-to-assess appeals use SEND35A; other EHCP appeals generally use SEND35. Check the official page for the available submission route for your appeal.
You will normally need the decision letter, grounds, relevant plan and supporting evidence, plus a mediation certificate where required.
You can choose whether to attend mediation
For most appeals, first contact a mediation adviser and obtain a certificate. Taking part in a mediation meeting is your choice.
If the appeal is solely about the setting named, its type or no setting being named in Section I, mediation advice and a certificate are not normally required. If B or F is also disputed, usual requirements apply.
Give each document a clear purpose
Relevant evidence may include the plan and drafts, professional reports, school records, provision maps, progress and attendance data, incidents, suspensions, reduced timetables, review records, consultation responses, parent and pupil views, correspondence and witness statements.
What does it establish?
Identify the need, provision, environmental requirement or educational impact it supports. Record useful passages and dates while retaining complete reports in context.
Is further assessment needed?
Not automatically. Existing advice may be sufficient but poorly reflected in the plan. Obtain new evidence to answer a genuine gap or changed circumstances.
Follow the actual case directions
Submit and serve evidence as directed. Do not assume late material will be accepted. Check the official hearing bundle contains the evidence you properly submitted and flag omissions promptly.
Organising your evidence is distinct from responsibility for preparing the tribunal’s hearing bundle.
Managing the case after registration
Directions and deadlines
Read the timetable, record the authority’s response, evidence dates, forms, witness requirements and hearing arrangements.
The working document
In content appeals, track agreed wording, proposed additions or deletions and remaining disputes using the required conventions.
Working document supportNarrowing the issues
Record agreements clearly and focus on what remains unresolved. Evaluate offers against the evidence and exact provision needed.
Witnesses and hearing preparation
Choose evidence, not just names
A witness should address a relevant issue. This may be a parent, professional, school representative or prospective setting. Not every report writer needs to attend.
Parent evidence can explain support at home, attendance, distress, independence, masking and unmet provision. Connect examples to the appealed issues.
Understand the case you will explain
The panel may question parties and witnesses, examine reports, discuss wording and consider placement evidence. Know the needs, required provision, outstanding disputes and outcomes sought.
Some appeals are decided on written evidence; others have an oral hearing. Follow directions and seek advice about requests to change the format.
Offers, withdrawal and the decision
Does an offer resolve the dispute?
Compare it with the exact amendments and evidence. “Regular intervention” may still fail to specify frequency or duration. Positive-sounding wording is not necessarily a complete solution.
When should withdrawal be considered?
Check what has genuinely been agreed, the exact wording or placement, implementation commitments and how the agreement will be recorded. Obtain advice before withdrawing if important issues remain or the agreement is unclear.
What happens after the decision?
Read what the tribunal ordered and the applicable implementation timetable. Educational orders are binding. Health and social care recommendations, where made, have a different status.
Check the resulting plan or action against the decision and seek advice promptly about any concern.
How our support works
- Share the decision and dates. Tell us the disputed sections, placement concerns, mediation position and whether the appeal is registered.
- Send principal documents. Include the plan, decision, certificate, reports, correspondence and any tribunal directions.
- Agree scope and fees. We confirm preparation or supported casework, allowances, consultations, stages and exclusions.
- Prepare the case. We complete the agreed review, drafting, evidence organisation and wording work.
- Continue through the agreed stage. Supported casework covers the case-management and preparation stages specified in the agreement.
Already registered? Tell us the next deadline and what has already been submitted so we can assess the support needed.
Frequently asked questions
Do I need a solicitor?
No. Families can bring appeals themselves and choose independent preparation support. Complex cases may benefit from specialist legal advice. Free guidance and legal aid may also be available; see the official appeal information.
Can I appeal Sections B and F together?
Yes, where the relevant appeal right applies. Consider them together because provision should respond to the needs described.
Can I submit more evidence later?
Follow the case directions and deadlines. Seek permission where required rather than assuming evidence can be added at any time.
Can the authority change its position during the appeal?
Yes. Discussions can continue and issues can be agreed. Record the exact changes and remaining disputes.
What if mediation did not resolve the case?
You can consider an appeal if you have the relevant right, required certificate and remain within time. The preparation may help clarify the outstanding issues.
Can you represent me at the hearing?
Core support concerns preparation, evidence, wording and strategy. Attendance or representation is not included unless expressly confirmed in writing. Where specialist legal representation is needed, we may recommend an appropriately qualified adviser.
Can you guarantee success?
No. We help prepare a clear and accurate case; the tribunal decides the appeal on the evidence and law.
Important service information
School of Diversity provides SEND advocacy, evidence review, document preparation and practical appeal support under England’s EHCP framework. We cannot guarantee an outcome.
Unless expressly agreed otherwise, this is not representation by a solicitor or barrister or a substitute for regulated legal advice where required. Parents and young people remain responsible for checking deadlines and forwarding correspondence promptly. Your written agreement confirms our responsibilities and included work.
Official guidance: appeal rights and available help, mediation requirements and deadlines and procedure.
Turn a complex dispute into a clear case
Send us the decision letter, EHCP and any mediation certificate or tribunal directions. We can identify the issues and discuss the appropriate level of support.