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The First-tier Tribunal (SEND) exists to hold local authorities to account, and almost all the appeals it decides go in the family's favour. Here is the process step by step, with every deadline you need to know.
This guide explains the legal framework and what you need to know. When you are ready to write the actual letter, .
When a local authority refuses to assess your child, refuses to issue an EHC plan, or issues a plan you disagree with, that decision is not the end of the road. You have a legal right to appeal to the First-tier Tribunal (Special Educational Needs and Disability), usually called the SEND Tribunal. It is independent of the council and looks at the decision afresh.
The word tribunal puts many parents off, but the SEND Tribunal is designed for parents to use without a lawyer, and the outcomes are encouraging. Of the SEN appeals the Tribunal decided in 2024/25, 99% were in favour of the family, according to Ministry of Justice figures published in December 2025. Some appeals never reach a hearing at all, because the council concedes or an agreement is reached along the way.
Under section 51 of the Children and Families Act 2014, you can appeal:
1. A refusal to carry out an EHC needs assessment.
2. A decision, after assessment, not to issue an EHC plan.
3. The contents of a plan when it is first issued or after it is amended: Section B (your child's needs), Section F (the special educational provision) and Section I (the school or type of school named, or the fact that no school is named).
4. A refusal to carry out a re-assessment.
5. A decision not to amend a plan after an annual review or re-assessment.
6. A decision to stop maintaining a plan.
Step 1: Note the date of the decision letter. Your deadlines run from the date the council's written decision was sent, so keep the letter and write the date down straight away.
Step 2: Contact the mediation adviser within 2 months. Before you can appeal most decisions, you must contact the independent mediation adviser within 2 months of the decision letter being sent, and tell them whether you want to try mediation. You do not have to take part in mediation. If you say you do not want it, the adviser must issue your mediation certificate within 3 working days. If your appeal is only about the school or type of school named in the plan, or the fact that no school is named, you do not need a certificate.
Step 3: Register your appeal. The deadline is 2 months from the date of the decision letter, or 1 month from the date of your mediation certificate, whichever is later. You can register your appeal on GOV.UK, online or using form SEND35. There is a separate form, SEND35a, for appealing a refusal to assess. Missing the deadline can cost you the right to appeal, so act promptly.
Step 4: Build your evidence. Once the appeal is registered, the Tribunal sets a timetable and both sides exchange evidence. This is where preparation matters most. Gather professional reports about your child's needs, school records, your own statement explaining why you disagree, and, for a plan appeal, the exact wording you want in Sections B, F and I. Make sure each need in Section B has matching provision in Section F that is specific and, where possible, quantified.
Step 5: The hearing. Hearings are relatively informal. A panel, usually a judge and one or two specialist members, asks questions of both sides. You can speak for yourself, bring a friend or adviser, and call witnesses such as professionals who know your child. The panel's focus is on what your child needs, not on catching you out.
Step 6: After the decision. If the Tribunal orders the council to act, regulation 44 of the SEND Regulations 2014 sets strict time limits. If it orders an assessment, the council must tell you within 2 weeks that it will carry one out. If it orders a plan to be made, the draft plan is due within 5 weeks and the final plan within 11 weeks. If it orders changes to the special educational provision, the amended plan is due within 5 weeks, and a change to the school named is due within 2 weeks.
Many parents search for an appeal letter, but when you appeal to the SEND Tribunal your case is set out on the appeal form itself, either online or on form SEND35, rather than in a separate letter. The part that matters most is Section 10 of the form, "Reasons for the appeal". The guidance printed beside it on the current SEND35 (version 02, February 2026) asks you to cover four things for each issue you disagree with:
1. What the issue is.
2. Why you disagree.
3. What evidence you have.
4. What action you want the tribunal to take.
Take one issue at a time and quote the exact wording in the plan that you disagree with. For a Section F appeal, link each point back to a need described in Section B, because the plan must set out the provision required to meet each of your child's needs. Send your evidence with the form and list it in the "Supporting evidence" table at the end, and if you run out of space, the form lets you add extra sheets with your name at the top. You also need to include the council's decision letter, the final EHC plan with the documents listed in Section K, and your mediation certificate if your appeal needs one. If your appeal is about the school named in Section I, the form asks about your choice of school separately, in Section 9. If the council refused to assess your child, use form SEND35A instead.
The example below is made up and only shows the shape of a clear reason. Your own reasons should describe your own child and your own evidence.
Illustrative example only. Sam is a made-up child, not a real case.
Issue 1: Section F, speech and language therapy. The plan says Sam will have "access to speech and language therapy as required".
Why I disagree. This does not say what therapy Sam will receive, how often or from whom, so nobody can check whether he is getting it. Section B says Sam has significant difficulty understanding spoken instructions, and the provision needs to meet that need.
My evidence. The speech and language therapy advice attached to the plan recommends weekly direct therapy from a speech and language therapist, with a programme delivered by trained school staff between sessions. I also enclose Sam's latest school report.
What I want the tribunal to do. Order the local authority to amend Section F so that it sets out the therapy recommended in the advice, including how often, for how long and who will deliver it.
Set out each issue the same way, in calm and factual language. The panel is focused on what your child needs, so a short, well organised set of reasons backed by evidence will usually serve you better than a long account of everything that has gone wrong. This is information, not legal advice, and your local SENDIASS or IPSEA can give you free, independent advice before you submit your appeal.
You do not need a solicitor to appeal, although some families choose to instruct one for complex cases. Free, independent support is available from SENDIASS, the information, advice and support service in every local authority area, and from national charities such as IPSEA and SOS!SEN, which specialise in SEND law and tribunals.
A great deal of an appeal is won or lost on paper. Clear, factual, legally grounded letters to the council, both before and during the process, build the paper trail the Tribunal will rely on. They sometimes persuade the council to concede before a hearing is ever needed.
How long do I have to appeal to the SEND Tribunal?
2 months from the date the council's decision letter was sent, or 1 month from the date of your mediation certificate, whichever is later.
Do I have to go to mediation before I appeal?
For most appeals you must contact a mediation adviser and get a certificate, but you do not have to take part in mediation itself. If you say you do not want it, the adviser must issue the certificate within 3 working days. Appeals only about the school or type of school named in the plan do not need a certificate.
Do I need a solicitor for a SEND Tribunal appeal?
No. The Tribunal is designed for parents to use themselves. Free help is available from your local SENDIASS and from charities such as IPSEA and SOS!SEN.
Can I appeal if the council refuses to assess my child?
Yes. A refusal to carry out an EHC needs assessment is one of the decisions you can appeal under section 51 of the Children and Families Act 2014. There is a dedicated form, SEND35a, for this type of appeal.
What happens if I win my appeal?
The council must do what the Tribunal orders within set time limits. For example, if the Tribunal orders a plan to be made, the draft is due within 5 weeks and the final plan within 11 weeks of the order.
SEN Letters UK can help you produce the letters that sit alongside an appeal, from the initial request that triggers the decision, to letters challenging a refusal, to correspondence that records what has and has not been provided. Each one is worded professionally and references the relevant law, giving your case the strongest possible foundation.
SEN Letters UK writes the letter for you, professionally worded, legally informed, tailored to your child's situation.
Preview free. Full letters from £4.99, credits never expire.
Get the letter that requests an assessment
You do not need the school's permission to ask. We will email you a ready-to-use template letter to request an EHC needs assessment from your council, with the right wording and the law it rests on.
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