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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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.
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 tribunal must normally receive the appeal within two months of the date on the decision letter or one month of the mediation certificate, whichever is later. Follow the current instructions for the relevant form and filing route, complete the declarations and retain proof of submission. Check that attachments are legible. If online eligibility or filing instructions are unclear, contact the tribunal promptly without assuming the deadline is extended.
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
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 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.
