EHCP and SEND support for families in England
When support is missing or an EHCP does not reflect your child's needs, it helps to know what to do next. We review the evidence, prepare the documents and support you through the stage…
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EHCP appeal deadlines explained
The tribunal must normally receive your SEND appeal within two months of the date on the local authority’s decision letter or one month of the date on the mediation certificate, whichever is later. Keep both documents and calculate the deadline promptly. Complaints, discussions and work on a new report do not automatically stop the appeal clock.
The tribunal must normally receive your SEND appeal within two months of the date on the local authority’s decision letter or one month of the date on the mediation certificate, whichever is later. Keep both documents and calculate the deadline promptly. Complaints, discussions and work on a new report do not automatically stop the appeal clock.
Practical guidance for families in England
Record the decision and certificate dates
Keep the complete decision notice, its date and how and when it reached you. Keep the mediation certificate and its date where required. Read the current tribunal guidance and the letter’s appeal information. If dates or service are disputed, seek advice promptly rather than choosing the most convenient interpretation.
Guidance checked on 15 September 2026. Keep the decision letter, relevant plan or request, and the dates that apply to your case.
Apply the later-of-two rule
Calculate two calendar months from the date on the decision letter and, where a certificate is required, one calendar month from the certificate date. Use the later applicable date. For example, a letter dated 10 September gives 10 November; a certificate dated 25 October gives 25 November. The tribunal must receive the appeal in time. Check current filing instructions for your case.
Check whether mediation advice is required
You normally need mediation advice and a certificate even if you decide not to mediate. An appeal solely about the school, institution or type in Section I has an exception. If you also challenge B or F, do not assume the placement-only exception applies.
Separate registration from later directions
Registering an appeal has its own deadline. After registration, the tribunal sets further dates for evidence, responses and hearings. A later evidence deadline does not extend the registration period. Keep one calendar with the task, source document, deadline and completion confirmation for each stage.
Keep other legal routes separate
A complaint about delay or non-delivery may be appropriate, but it is not a substitute for registering an appeal. Urgent legal remedies may have their own strict time limits. Ask which route addresses the problem and whether any process affects the other dates; do not assume it does.
Check the documents for this stage
Keep the relevant request, decision notice or plan together with the evidence referred to above. Record the source of each proposed change and the date on which the next action is due. If two accounts differ, explain the difference and seek clarification rather than omitting one account.
If time is short or the deadline is missed
Seek prompt advice on the required filing and any application to accept a late appeal. Explain the reasons and provide supporting information. Acceptance of a late appeal is not automatic. Do not wait for an informal council review or a private report to finish before addressing the deadline.
Before you take the next step
You should be able to identify the issue, the outcome or information you need, the evidence supporting it and the person responsible for the next action. Keep a copy of what you send and any acknowledgement. The related guides below cover the stages that may follow.
Free information and additional support
Choose help for the question you need answered
Your local SENDIASS offers free information, advice and support. IPSEA also publishes SEND guidance. If a deadline, evidence gap or disputed decision remains unclear, identify the specific question before commissioning paid help. Seek prompt specialist legal advice where an urgent legal remedy may be needed.
When additional advice may help
Before seeking additional help, write down the decision or wording in dispute, the evidence already available and the deadline. Ask whether you need an explanation of the process, help presenting your evidence, a professional assessment or legal advice. Agree the task and any fee before commissioning work.
Little Nellie’s is not a law firm. Its services do not replace the local authority’s statutory duties or guarantee a plan, placement or tribunal outcome. Legal work outside the agreed service scope may require a specialist solicitor.
Related guides and support
Choose the guide for your next question or stage.
EHCP support from Little Nellie’s
draft EHCP review support
EHCP evidence pack
SEND Tribunal preparation support
complete guide to EHCP applications and appeals
Little Nellie’s EHCP support prices
Official sources and EHCP services
Official sources: Children and Families Act 2014 — https://www.legislation.gov.uk/ukpga/2014/6/contentsSEND Code of Practice — https://www.gov.uk/government/publications/send-code-of-practice-0-to-25SEND appeal guidance — https://www.gov.uk/appeal-ehc-plan-decisionFree SEND guidance — https://www.ipsea.org.uk/The service links below describe Nellie’s paid support. Check current official instructions when filing an appeal.
Children and Families Act 2014
SEND Code of Practice
appeal an EHC plan decision
SEND35 appeal form
SEND35A refusal to assess appeal form
Record the next action and who will take it
Record the next task, the person responsible, the deadline and the document confirming it. Keep a copy of anything sent and any acknowledgement. If an agreed action does not happen, use that record to explain what is missing and ask for a dated response.
Frequently Asked Questions
Is the deadline always two months?
The usual rule compares two months from the decision notice with one month from the mediation certificate and uses the later applicable date.
Does a council complaint extend the appeal deadline?
Not automatically. Protect the tribunal deadline while any complaint or discussion continues.
Can a late appeal be accepted?
There is a process for asking, but acceptance is discretionary. Explain the circumstances and seek advice promptly.
Where can I find free SEND information?
Your local SENDIASS provides free information, advice and support. IPSEA publishes guidance on the SEND system. Use the direct links in the sources section and check any service’s current availability.
What should I prepare before seeking advice?
Prepare the relevant request, decision letter or plan, a short list of the issues, the key evidence and any deadline. State the question you need answered and the action you have already taken. Ask how documents should be shared before sending sensitive records.
Does this guide apply outside England?
This guide concerns EHCPs in England. Wales uses the additional learning needs (ALN) system and individual development plans (IDPs); use Welsh Government guidance for that process. Scotland and Northern Ireland also have separate systems.
