What the SEND35A is and why it matters
The SEND35A is the formal application form that registers your case with the First-tier Tribunal (Special Educational Needs and Disability). Without it, your appeal cannot begin. The Tribunal uses the form to understand:
- Which local authority's decision you are challenging and on what grounds
- What outcome you are asking the Tribunal to order
- Whether you have completed the mediation information process
- Who the child is and who is bringing the appeal
Which decisions can be appealed?
Refusal to carry out an EHC needs assessment
Refusal to assess appeal
Refusal to issue an EHCP after assessment
Refusal to issue appeal
Contents of EHCP — Sections B (needs), F (provision)
Contents appeal
School placement named in Section I
Section I placement appeal
Refusal to reassess needs
Refusal to reassess appeal
Decision to cease maintaining the EHCP
Cease to maintain appeal
Writing effective grounds of appeal
The grounds of appeal section of the SEND35A is the most important part. Weak grounds use vague language; strong grounds are specific, factual, and connected to the law.
Weak grounds (avoid)
"The local authority has made the wrong decision. My child has significant needs and they are not being met. The local authority has not listened to us and we disagree with their conclusion."
Strong grounds
"The local authority refused to assess on the grounds that school SEN support is sufficient. However, [child's name]'s EP report (dated [date]) found needs in [areas] that school has not been able to address despite two years of graduated support. I argue the local authority applied a higher threshold than section 36 CFA 2014 allows."
Completing the SEND35A: section by section
- 1
Download the SEND35A form from GOV.UK
Search for 'appeal a SEND decision' on GOV.UK and download the current SEND35A form and accompanying guidance notes. Read the guidance carefully before starting.
- 2
Complete the child and applicant details
Enter your child's full name, date of birth, and the local authority responsible for their EHCP (or assessment). Then enter your own details as the applicant — name, address, email, and your relationship to the child.
- 3
Identify the decision you are appealing
The form asks what type of decision you are appealing. Common options include: refusal to assess; refusal to issue an EHCP; the contents of an EHCP (Sections B, F, or I); refusal to reassess; or a decision to cease maintaining the EHCP. Tick the correct box — you can appeal multiple issues on one form.
4 further steps when you submit or appeal — Requesting, appealing, and negotiating Section F are where most parents need help — that is what we prepare for you.
This guide shows what strong cases look like. We prepare the request letter, appeal grounds, or plan letter for your route.
SEND35A submission checklist
- You have downloaded the current SEND35A from GOV.UK
- Child's full name, date of birth, and local authority name are entered correctly
- You have ticked the correct type of decision you are appealing
- Your grounds of appeal are specific, factual, and connected to the evidence
- You have stated clearly what outcome you want the Tribunal to order
3 more items depending on your case. Plus turning this evidence into one coherent pack an LA or tribunal takes seriously.
This guide shows what strong cases look like. We prepare the request letter, appeal grounds, or plan letter for your route.
Common SEND35A mistakes
- Vague grounds of appeal that do not explain why the local authority's specific reasons are wrong
- Not including the mediation certificate number — the Tribunal will return the form
- Not stating the exact outcome sought — 'something should be done' is not enough
- Submitting on the deadline day by post — allow several working days for delivery
- Not keeping a copy of the submitted form with proof of the submission date
- Ticking the wrong appeal type — check which decisions you are challenging
This guide shows what strong cases look like. We prepare the request letter, appeal grounds, or plan letter for your route.
What your pack includes
- Structured SEND35A drafting — prepare your grounds and evidence before you register
- Grounds of appeal generator — draft focused, specific grounds based on your case
- Outcome statement templates — how to state what you want the Tribunal to order
- Deadline tracking — your personalised appeal deadline shown clearly in the dashboard
- Document organiser — attach your mediation certificate and all supporting evidence
What happens after you submit the SEND35A?
Once the SEND Tribunal receives your SEND35A, it registers your case and issues an acknowledgement letter containing your unique case reference number. This reference should be used on all future correspondence with the Tribunal.
The Tribunal then notifies the local authority that an appeal has been registered. The local authority has a set period (typically 30 working days) to submit its response — a document called the Local Authority's Case Statement — setting out its position and the evidence it is relying on.
After both parties have responded, the Tribunal issues directions — a timetable setting out when each party must exchange evidence and documents. You will receive a notice confirming your scheduled hearing date. Hearings are usually listed for a specific date or a date range several months ahead, allowing time for evidence to be gathered and exchanged.
Many SEND Tribunal appeals are resolved before a hearing through a consent order — an agreement between you and the local authority to amend the EHCP in the way you have requested. You can continue negotiating with the local authority at any point after registering. If you reach agreement, a consent order is submitted to and approved by the Tribunal.
The Tribunal directions process — what to expect
The Tribunal manages the case through formal directions — instructions setting out what each party must do and by when. Key directions milestones include:
- 1Disclosure: Both parties must disclose all documents they intend to rely on. You can also request documents from the local authority that have not been voluntarily disclosed — including internal assessment reports, EHC needs assessment reports, and school provision records.
- 2Working document: The Tribunal often asks both parties to produce a 'working document' — a version of the EHCP with agreed and disputed elements highlighted. This clarifies the live issues at the hearing.
- 3Evidence bundle: All evidence (reports, letters, school documents, parent statement, professional witness statements) is compiled into a numbered bundle exchanged before the hearing. Organising evidence early saves significant last-minute pressure.
- 4Witness statements: If you intend to call professional witnesses (such as a private educational psychologist), their written statements must be served on the local authority before the hearing date. Oral evidence at the hearing supplements but does not replace the written statement.
- 5Skeleton arguments (in complex cases): In some complex Tribunal cases, parties submit short written arguments summarising the key legal and evidential points. This is more common in professional representation cases but parents can submit these too.
Writing effective grounds of appeal for section 3 of the SEND35A
The grounds of appeal (section 3) are the most important part of the SEND35A. They tell the Tribunal why the local authority's decision is wrong. At registration stage, your grounds do not need to be exhaustive — you can develop them further as evidence is gathered. However, your grounds must be clear enough to identify the real issues in the case.
Effective grounds for each common appeal type:
Refusal to assess
State that your child has or may have special educational needs and/or a disability within the meaning of the Children and Families Act 2014 and the Equality Act 2010. Explain what provision has been tried in school and why it has not been sufficient. Refer to any professional opinion or parental concern supporting the need for assessment.
Refusal to issue
State that the evidence gathered during the EHC needs assessment establishes that your child has special educational needs that require special educational provision that cannot reasonably be provided within a mainstream setting's normal resources. Identify the specific reports and their conclusions that support this.
Contents — Section F provision
Identify each element of Section F that is wrong, vague, or insufficient. For each, explain why the current wording is inadequate and what wording would correctly reflect your child's assessed needs. Cross-reference to the relevant professional reports.
Contents — Section I placement
Identify the school named in Section I. State the school you are seeking and the grounds: that it is suitable for your child's age, ability, aptitude, and special educational needs; that it would not be incompatible with the efficient education of others; and that it would not involve unreasonable public expenditure.
Your grounds of appeal must be honest and based on your genuine view of your child's situation. They are not a legal strategy exercise — they are your explanation, in plain terms, of why you disagree with the local authority's decision and what you want instead.