EHCP appeals: a guide to your options
The First-tier Tribunal (Special Educational Needs and Disability) can consider specified local-authority EHCP decisions in England. These include refusals to assess or issue a plan and disputes about educational needs, provision and placement. Start with the decision letter, the appealable issue and the filing deadline.
Practical guidance for families in England
Identify the decision you can challenge
Read the decision letter and current tribunal guidance. Different decisions have different routes and legal tests. A refusal to assess concerns whether assessment may be necessary; a refusal to issue concerns whether provision through a plan is necessary. A contents appeal needs to identify the educational sections disputed.
Guidance checked on 15 September 2026. Keep the decision letter, relevant plan or request, and the dates that apply to your case.
Check mediation and time limits
The usual limit is two months from the decision notice or one month from the mediation certificate, whichever is later. Mediation advice is normally required even if you choose not to mediate. An appeal solely about the placement or type in I has an exception. Keep the notice, certificate and evidence of filing.
Choose the right form and outcome
Use SEND35A for a refusal-to-assess appeal and the current SEND35 route for the other relevant appeals covered by that form. Follow the latest official instructions. State what you want the tribunal to decide and why, with relevant documents. Do not assume a complaint letter is an appeal registration.
Build an evidence-based case
Organise the decision, plan where relevant, reports, family evidence and the child or young person’s views. For each disputed point, give the proposed outcome, supporting evidence and source page. Include evidence that complicates your case and explain it honestly. Follow the tribunal’s directions for later evidence and bundles.
Choose support proportionately
You can present an appeal yourself. Free SENDIASS and charity information may help. Paid advocacy, legal advice or an independent assessment should address a defined task or evidence gap. Get prompt specialist advice if a legal deadline or urgent lack of provision is involved; appeal and complaint processes do not automatically pause other time limits.
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.
Understand health and social-care recommendations
In qualifying educational appeals, the tribunal can also consider relevant health and social-care matters and make recommendations. Those recommendations have a different status from binding educational orders. Explain the issue clearly and check whether your appeal falls within the extended powers.
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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
Do I need a solicitor to appeal?
No. Parents and eligible young people can bring appeals themselves. The value of professional help depends on the issues, evidence, deadlines and support needed.
Can the tribunal award compensation?
The SEND appeal route concerns the statutory decisions within its jurisdiction. It is not a general compensation process; complaints or other remedies may involve different routes.
Can I raise social-care issues?
The tribunal can make health and social-care recommendations in qualifying educational appeals. Check the current extended-powers guidance and explain how the issues relate to the plan.
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.