How to Appeal an EHCP Related Decision
If you disagree with an EHCP related decision made by your Local Authority, you have legal rights. This quick guide explains the appeal process and deadlines.
Quick EHCP Appeal Facts
- ⏰ 2-month deadline from LA decision OR 1 month from mediation certificate
- 📋 Mediation certificate required for most appeals
- 📈 High success rate with proper preparation
- ⚖️ Paper hearings for refusal to assess appeals
What is an EHCP Appeal?
An EHCP appeal is your legal right to challenge your Local Authority when they:
- Refuse to assess your child's needs
- Refuse to issue an EHCP after assessment
- Issue an EHCP you disagree with
- Refuse to amend an EHCP following a review
- Decide to cease an EHCP (stop maintaining it)
- Refuse to reassess your child's needs
EHCP Appeal Deadlines ⚠️
CRITICAL: You have exactly 2 months from the date of the LA's decision to register your appeal, OR 1 month from the date on your mediation certificate - whichever is the latest.
Important: For all appeals except Section I only appeals, you must have a mediation certificate before you can appeal. You only need to consider mediation - you don't have to attend.
Missing these deadlines means you lose your right to appeal.
Quick EHCP Appeal Process
Step 1: Get Your Mediation Certificate (Required for Most Appeals)
- Required for all appeals except Section I only appeals
- For refusal to assess appeals, it may be worthwhile engaging with mediation, as there is a high success rate compared to mediation for other types of appeals
- Contact mediation service to consider mediation - you don't have to attend
- The contact details of the mediation company must be on the decision letter
- You'll receive a mediation certificate within a few days
Step 2: Register Your Appeal (Within Deadline)
- Complete the correct appeal form:
- SEND35A - for refusal to assess appeals
- SEND35 - for all other EHCP appeals
- Submit within 2 months of LA decision OR 1 month from mediation certificate date (whichever is latest)
- Include your mediation certificate with your appeal
- Include all other required documents which will be listed on the form - the documents will vary according to what the appeal is against
Step 3: Gather Your Evidence
- Educational reports and assessments
- Medical evidence of your child's needs
- Examples of current difficulties at school
- Professional recommendations
- Current support, therapy, interventions, resources
Step 4: Tribunal Hearing
- For refusal to assess appeals: Usually a paper hearing - the Judge and panel make a decision based on written evidence rather than an oral hearing (unless parents apply for an oral hearing)
- Other appeals: Oral hearing or paper hearing if all parties agree
Managing Your Appeal - Support Options
Appeals to SENDIST can be managed by parents in the majority of cases.
Sources of Support:
- Check if you qualify for legal aid (means tested)
- Your local SENDIASS service - free advice
- Information to manage the appeal yourself - IPSEA and SOS-SEN
- Self fund specialist Education Solicitor
- Self fund a SEND Advocate
EHCP Appeal Success Tips
- Consider attending mediation especially for refusal to assess appeals
- Get your mediation certificate first - required for most appeals
- Start immediately - don't wait until the deadline
- Use the correct form - SEND35A for refusal to assess, SEND35 for other appeals
- Keep detailed records of all LA communications
- Gather professional evidence early
Common EHCP Appeal Questions
Q: Do I need a mediation certificate to appeal?
A: Yes, for all appeals except Section I only appeals. You just need to consider mediation - you don't have to attend.
Q: Which appeal form should I use?
A: Use SEND35A for refusal to assess appeals, and SEND35 for all other EHCP appeals.
Q: How long does an EHCP appeal take?
A: It depends on the type of appeal and circumstances, such as phase transfer (moving between phases of education), but currently up to 12 months.
Q: What are my chances of winning?
A: With good evidence, success rates are high. Many cases settle before tribunal.
Q: Do I need a solicitor?
A: Not required, but helpful for complex cases or legal representation.
Q: What if I miss the appeal deadline?
A: Very difficult to appeal late. Remember you have 2 months from LA decision OR 1 month from mediation certificate date (whichever is latest). However, if there are extenuating circumstances a Judge may agree to a late appeal - there is space on the form to set out the reason the appeal is late. Better to try than not.
Need Help with Your EHCNA Timeline?
Our free EHCNA Timeline Calculator helps you:
- ✅ Track statutory deadlines
- ✅ Understand your rights at each stage
- ✅ Plan your next steps
This guide provides general information only and doesn't constitute legal advice.