SEND35 and SEND35A: choosing the appeal form
SEND35A is the form used for a refusal-to-assess appeal. SEND35 covers the other relevant EHCP appeal types identified in its current instructions, including refusal to issue and plan-content disputes. Use the latest official form and check the decision type, required attachments and filing route before submitting.
Practical guidance for families in England
Match the form to the decision
Read the local authority’s notice. A refusal to carry out an EHC needs assessment normally uses SEND35A. A refusal to issue a plan after assessment is a different decision and uses the relevant SEND35 route. Do not select a form solely because both letters mention an EHCP.
Guidance checked on 15 September 2026. Keep the decision letter, relevant plan or request, and the dates that apply to your case.
Collect the required documents
Have the decision notice, mediation certificate where required, the plan where relevant, your reasons and supporting evidence ready. Check the current form’s checklist. An appeal solely about Section I has a mediation-advice exception; a combined B, F and I appeal normally has different requirements.
Complete the reasons clearly
Identify the decision challenged, the outcome requested and why the legal test is met. Use headings that follow the disputed issues and refer to evidence by document and page. Explain any health or social-care recommendations sought within the tribunal’s applicable extended powers.
Describe support roles accurately
The current forms distinguish the person bringing the appeal and different support or representation roles. Agree who receives correspondence, who drafts documents and who will attend or speak. Do not assume that calling someone an advocate automatically gives them the status or responsibilities of a named representative.
If you discover an error
Contact the tribunal promptly with the case reference or filing details and explain the correction. Follow any directions for missing documents or amendments. Do not simply send several inconsistent versions without identifying which is current. If the deadline is close or missed, obtain prompt procedural advice.
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.
Check dates and submission
The usual appeal limit is two months from the decision notice or one month from the mediation certificate, whichever is later. Follow the current official filing instructions, sign or confirm the declarations required and retain the submission and acknowledgement. Check that every attachment is legible and correctly labelled.
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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.
How Little Nellie’s can help
Little Nellie’s offers EHCP advocacy, document review, evidence organisation and independent social-work input. Agree the task, deliverable, deadline and fee before instructing. The related service and pricing pages explain the available support.
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.
Official sources and EHCP services
Official sources: Children and Families Act 2014 — https://www.legislation.gov.uk/ukpga/2014/6/contents
SEND Code of Practice — https://www.gov.uk/government/publications/send-code-of-practice-0-to-25
SEND appeal guidance — https://www.gov.uk/appeal-ehc-plan-decision
Free SEND guidance — https://www.ipsea.org.uk/
The service links below describe Nellie’s paid support. Check current official instructions when filing an appeal.
Discuss the support you need
Send the relevant decision, plan or request and any deadline when enquiring. Ask which service addresses your specific issue and request a clear scope and quote.
Frequently Asked Questions
Which form is for refusal to assess?
SEND35A, following the current official instructions.
Which form is for refusal to issue a plan?
Use the relevant SEND35 appeal route. Check the latest form and its list of covered decisions.
Can someone help me complete the form?
Yes. Agree their role and check the form’s sections for support and representation. You remain responsible for ensuring the information and declarations are accurate.
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 send when asking Little Nellie’s for help?
Send the relevant request, decision letter or plan, the key evidence and any deadline. Explain the specific task you need help with so the scope and fee can be agreed.
Does this guide apply outside England?
This guide concerns the EHCP framework in England. Wales, Scotland and Northern Ireland have different education and support systems; check guidance for the relevant jurisdiction.