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Appeal to the Special Educational Needs and Disability (SEND) Tribunal if you disagree with a decision your local authority has made about a child or young person鈥檚 education, health and care (EHC) needs or plan.

You can appeal if you do not agree with the EHC plan your local authority has made, or if they:

• refuse to carry out an EHC assessment or reassessment
• refuse to create an EHC plan after carrying out an assessment or reassessment
• refuse to change the sections of an existing EHC plan which are about education (sections B, F and I)
• decide you or your child does not need an EHC plan any more

In most cases, you must talk to a mediation adviser before you appeal.

You can appeal:

• on behalf of a child or young person
• as a young person

Help you can get

Check if you can get legal aid.

You can also get free help and advice from:

• the
• your local Parent Partnership Service through the

What you need to appeal

Your decision letter will tell you what you need to appeal. You can also speak to other organisations that are listed in your letter or with your special educational needs coordinator (SENCO).

Mediation

In most cases, you must consider mediation before you appeal to the tribunal. Mediation is when an impartial professional (the mediator) helps both sides work out an agreement. It鈥檚 confidential and usually quicker than going to the tribunal.

How to arrange mediation

Your local authority will have sent you a letter giving their decision about the EHC plan. The letter will tell you how to contact a mediation service.

If you do not have the letter, contact your local authority to get details of your local special educational needs mediation service.

A mediation adviser will explain how mediation works. If you want to go ahead, they鈥檒l bring you and your local authority together to discuss the problem.

At the end they鈥檒l give you a mediation certificate, which you鈥檒l need if you still want to appeal.

If you do not want mediation

You still need to contact the mediation service to get a mediation certificate so that you can appeal.

If you do not have a mediation certificate you will need to tell the tribunal why.

You can appeal on behalf of a child or young person if they are under school leaving age.

The tribunal must receive your appeal within 2 months of the date on the local authority鈥檚 decision letter or a month from the date of the mediation certificate - whichever is later.聽

Appeal online

You cannot appeal online if your child is in custody or your local authority has not carried out an an EHC assessment. You can appeal by post or email.

Appeal by post or email

Download and fill in form SEND35.

There鈥檚 a different form if:

• you鈥檙e appealing a local authority鈥檚 decision not to carry out an EHC assessment (form SEND35A)
• your child鈥檚 in custody and is under school leaving age or is over school leaving age but under 18

What happens after you appeal

The tribunal will review your appeal and respond to you within 25 working days.

When they respond, they鈥檒l tell you:

• if there will be a hearing

• more details about the hearing, if you鈥檒l have one

• the deadline for sending in more information about your appeal

The tribunal will send your appeal to the local authority who will have 30 working days to respond to you.

Change or withdraw your appeal

You can change or withdraw your appeal before the hearing. Download and fill in:

• form SEND7 to change your appeal, for example ask for a different hearing date or add more witnesses
• form SEND8 to withdraw your appeal

You must be over school leaving age but under 25. You must also be either:

• in education, for example at a school or college - or trying to get into one
• taking part in an apprenticeship, internship or workplace scheme - or trying to get into one

You cannot appeal if you鈥檙e studying at university, or trying to get into one.

The tribunal must receive your appeal within 2 months of the date on the local authority鈥檚 decision letter or a month from the date of the mediation certificate - whichever is later.聽

Appeal online

You cannot appeal online if you鈥檙e in custody or your local authority has not carried out an an EHC assessment. You can appeal by post or email.

Appeal by post or email

Download and fill in form SEND35.

There鈥檚 a different form if:

• you鈥檙e appealing a local authority鈥檚 decision not to carry out an EHC assessment (form SEND35A)
• you鈥檙e in custody and you鈥檙e under school leaving age or you鈥檙e over school leaving age but under 18

What happens after you appeal

The tribunal will review your appeal and respond to you within 25 working days.

When they respond, they鈥檒l tell you:

• if there will be a hearing

• more details about the hearing, if you鈥檒l have one

• the deadline for sending in more information about your appeal

The tribunal will send your appeal to the local authority who will have 30 working days to respond to you.

Change or withdraw your appeal

You can change or withdraw your appeal before the hearing. Download and fill in:

• form SEND7 to change your appeal, for example ask for a different hearing date or add more witnesses
• form SEND8 to withdraw your appeal

The tribunal will hold the hearing via video link or at a venue within 2 hours of your home. You鈥檒l get a copy of documents about your appeal at least 10 days before the hearing. This will tell you where the hearing will be and at what time.

You do not have to go to the hearing, but if you do you can ask questions and present the case yourself.

You might be asked questions by:

• your legal representative (if you have one)
• the local authority鈥檚 representative
• the tribunal

If there are changes made before the hearing

If the date or venue of the hearing is changed, you鈥檒l be told at least 48 hours before the hearing starts.

Who鈥檒l be at the hearing

The hearing will usually be attended by:

• a judge and 1 or 2 other tribunal members
• a clerk
• someone representing the local authority
• expert witnesses

You must fill in a case review form if you want to bring:

• someone to represent you
• someone to support you
• any witnesses

If you鈥檙e appealing as a young person, both of your parents can come to the hearing as well as a representative.

Children can attend the hearing and give evidence if they want to.

If you need support at the hearing

You can ask to have an interpreter at the hearing. They鈥檒l translate what happens but they cannot represent you or give you legal advice.

If you have a disability or health condition that could affect you taking part in a hearing, you can let the tribunal know you鈥檒l need reasonable adjustments. Tell the tribunal if you need adjustments when you make your claim or at any time during the claim process.

You can also use intermediary services if you need communication support at the hearing, such as help with rephrasing questions.

If you鈥檙e outside the UK

If you or your witness or representative is outside the UK and wants to give live video or audio evidence, contact the tribunal to request it. Tell the tribunal what country you, the witness or representative is in and what type of evidence is being given. You must do this as soon as possible.

Claim expenses

You might be able to claim travel expenses for going to the hearing.

Your witnesses might also be able to claim expenses for travel and loss of earnings.

If you bring a friend or relative to the hearing, you might also be able to claim for their travel costs. You鈥檒l be sent a form to make the claim.

When you鈥檒l get a decision

You鈥檒l usually get the tribunal鈥檚 decision by letter or email within 10 working days of the hearing.

If you win your appeal, the local authority must act on the tribunal鈥檚 decision within a set amount of time.

You can complain to the Local Government Ombudsman if the local authority does not act on the decision.

You might be able to:

• get the decision 鈥榮et aside鈥� (cancelled) if you think there鈥檚 been a mistake in the process
• ask the tribunal to 鈥榬eview鈥� the decision, for example if your circumstances have changed since you got the decision or the decision contains a mistake
• ask for permission to appeal to the Upper Tribunal (Administrative Appeals) Chamber if you think the tribunal鈥檚 made a mistake and acted against the law

Your decision letter will tell you how to get the decision set aside or ask the tribunal to review the decision.

Appeal to the Upper Tribunal

You must ask for permission to appeal within 28 days of the date of the tribunal鈥檚 decision letter.

Contact the Special Educational Needs and Disability (SEND) Tribunal if you have any questions about completing the form. The tribunal cannot give you legal advice.

The tribunal will make a decision based on:

• Code of Practice for Special Educational Needs 2014

The tribunal will use the following practice directions: