The five main SEND Tribunal appeal routes
Refusal to carry out an EHC needs assessment
Section 36 Children and Families Act 2014
local authority refuses your request for an EHC needs assessment
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Refusal to issue an EHCP after assessment
Section 37 Children and Families Act 2014
local authority completes the assessment but refuses to issue an EHCP
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Contents of the EHCP — Section B (needs)
Section 51 Children and Families Act 2014
Final EHCP does not accurately describe your child's special educational needs
Read the full guide →
Contents of the EHCP — Section F (provision)
Section 51 Children and Families Act 2014
Section F provision is vague, insufficient, or does not meet your child's needs
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Contents of the EHCP — Section I (school placement)
Section 51 Children and Families Act 2014
The school named in Section I is not the right setting for your child
Read the full guide →
Refusal to reassess
Section 44 Children and Families Act 2014
local authority refuses to carry out a new EHC needs assessment after being requested
Read the full guide →
Decision to cease maintaining the EHCP
Section 45 Children and Families Act 2014
local authority decides to stop maintaining the EHCP when you believe it should continue
Read the full guide →
The SEND Tribunal appeal process: an overview
Receive the local authority's decision letter
This is day one of your 2-month deadline. Note the date on the letter carefully.
Contact a mediation adviser (SEND35)
Required for most appeal types. Extend your deadline and start the 15-day mediation window. Use the SEND35 form or contact your local provider.
Obtain your mediation certificate
Once the mediation information process is complete (whether or not you attend mediation), the adviser issues a certificate with a reference number.
Prepare your SEND35A
Draft your grounds of appeal, gather your evidence, and complete the appeal registration form. State what the local authority decided, why you disagree, and what you want the Tribunal to order.
Submit before your deadline
Submit the SEND35A (with mediation certificate number) to the SEND Tribunal before your deadline. Keep proof of submission.
Tribunal proceedings
The Tribunal issues directions. Parties exchange evidence bundles. A case management hearing may take place. The final hearing typically occurs 5-9 months after registration.
Mediation: a requirement, not an obstacle
Before registering most SEND Tribunal appeals, you must contact a mediation adviser and obtain a certificate under sections 53-54 of the Children and Families Act 2014. The only exception is if you are only appealing the school named in Section I.
Contacting a mediation adviser does not mean you must pursue mediation. You can decline mediation and still receive a certificate quickly. Critically, doing so also extends your appeal deadline — your deadline becomes the later of 2 months from the decision letter or 1 month from the certificate date.
SEND Tribunal appeal outcomes
The SEND Tribunal is an independent judicial body — it reviews decisions afresh, not just the local authority's process. HMCTS publishes outcome statistics annually; figures vary by appeal type and change year to year.
A well-organised evidence bundle, clear grounds of appeal, and a specific outcome sought help the panel understand your case. Preparation matters — outcomes are never guaranteed.
Free support for parents
- IPSEA (Independent Provider of Special Education Advice) — Free legal advice, training, and Tribunal support for parents
- SOS!SEN — Free helpline and advocacy for parents of children with SEND
- Your local SENDIASS — Free impartial advice from your local authority area
- Contact (for disabled children) — Advice and support for families of disabled children
What to expect at a SEND Tribunal hearing
SEND Tribunal hearings are less formal than a court, but they follow a structured process. A panel typically consists of a legally qualified judge and one or two specialist members with SEND expertise. Hearings are usually held in person (in a tribunal venue near your local authority) or by video call.
Before the hearing
Bundles of evidence are exchanged in advance. Both parties should have seen each other's documents before the day. You can also submit a 'working document' setting out the agreed and disputed elements of the EHCP.
Opening
The judge introduces the panel and confirms the issues in dispute. If a consent order or agreement has been reached since the bundle was submitted, it can be presented at this stage.
Oral evidence
Each party's witnesses (which can include you as parent, and any professional witnesses you call) give evidence and are questioned. The panel also asks questions. local authority witnesses are questioned by you or your representative.
Submissions
Each party makes closing submissions — a short summary of why the Tribunal should find in their favour. No new evidence is introduced at this stage.
Decision
The Tribunal usually reserves its decision and issues a written judgment within 2–3 weeks of the hearing. Decisions are binding on the local authority.
How to choose the right appeal route for your situation
Your appeal type is determined by what the local authority has done — not by what you want. Use the following guide to identify your route:
local authority refused to assess your child at all
→ Section B&D appeal: refusal to conduct an EHC needs assessmentlocal authority assessed but refused to issue an EHCP
→ Section B&D appeal: refusal to issue an EHCPlocal authority issued an EHCP but you disagree with the needs described in Section B, C, or D
→ Section B&D appeal: contents of the EHCPlocal authority issued an EHCP but the provision in Section F is wrong, vague, or insufficient
→ Section F appeal: educational provisionlocal authority named the wrong school in Section I (placement)
→ Section I appeal: school placementlocal authority is proposing to cease maintaining your child's EHCP at a review
→ Cease to maintain appealYou can appeal more than one section at the same time — for example, both Section F provision and Section I school placement. Identify all the issues in dispute before submitting your SEND35A, as it is harder to add issues later.
What to prepare before registering your appeal
Registering your appeal is just the beginning. The Tribunal process rewards preparation. Before submitting the SEND35A, it is worth having the following ready — or at least underway:
- Your mediation certificate reference (required for all appeals except Section I only)
- A clear written statement of the outcome you want — the Tribunal needs to know what you are asking for
- Copies of all existing reports and assessments — request anything from the local authority you do not already have
- A draft of your initial grounds of appeal — how you challenge the decision on the statutory test and the evidence
- A note of which professional witnesses you may want to call — a private EP, SALT, or paediatrician
- A realistic timeline for obtaining any private assessments you will rely on, given evidence exchange deadlines