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How an EHCP appeal works, from filing to decision

An EHCP appeal usually involves registration, the local authority’s response, evidence and case preparation, any necessary hearing, and a tribunal decision. The tribunal issues directions for your case. Those directions, rather than a generic online timetable, control what you must send and when.

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An EHCP appeal usually involves registration, the local authority’s response, evidence and case preparation, any necessary hearing, and a tribunal decision. The tribunal issues directions for your case. Those directions, rather than a generic online timetable, control what you must send and when.

Practical guidance for families in England

Register the correct appeal

Identify the decision, use the current form and include the required decision notice, mediation certificate where applicable, reasons and evidence. The usual filing limit is two months from the decision notice or one month from the mediation certificate, whichever is later. Keep confirmation that the appeal was submitted and registered.

Guidance checked on 15 September 2026. Keep the decision letter, relevant plan or request, and the dates that apply to your case.

Read every direction

The tribunal’s registration documents explain the case reference, issues and timetable. Record deadlines for the authority’s response, evidence, witnesses and any working document or bundle. Use the case reference in correspondence. If an adjustment or extension is needed, ask through the directed process and explain the reason; do not assume it has been granted.

Refine the disputed issues

Compare the authority’s response with your grounds. Record what is agreed, what remains disputed and what evidence is needed. In a contents appeal, a working document can show agreed and proposed changes to the plan. Keep a clear version history and follow the tribunal’s formatting directions.

Prepare evidence and witnesses

Each document or witness should answer a material question. Explain the needs, provision or placement issue, the evidence supporting your position and any limits or disagreements. Send evidence by the directed deadline. Ask witnesses what they can address from their own expertise or observations, not what you want them to say.

After the decision

Read the order and reasons carefully and record any implementation dates. Check what the authority must do and follow up on delivery. If you think the decision contains a legal error or another serious procedural issue, obtain prompt advice about the specific challenge route and deadline rather than assuming a fresh appeal is available.

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.

Prepare for the hearing or paper decision

Some cases are decided without an oral hearing. If there is a hearing, follow the notice about format, attendance and technology. Arrange communication support and other adjustments early. Prepare a short list of unresolved issues and the bundle pages that help answer likely questions.

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

Can the parties agree changes before a hearing?

Yes. Record any agreement clearly and follow the tribunal’s directions about notifying it. An informal agreement should not leave the status of the appeal or final plan uncertain.

Can I send evidence after the deadline?

You may need permission. Explain why it is late and relevant and follow the tribunal’s process; admission is not automatic.

Does every appeal have an oral hearing?

No. The route depends on the appeal and the tribunal’s directions. Read the documents issued for your case.

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.

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