If your Local Authority has said no, you can challenge it. The First-tier Tribunal (SEND) is the independent panel that hears appeals about education, health and care (EHC) plans. It is separate from the Local Authority, it costs nothing to appeal, and most parents who reach a decision win.
This is a plain guide to how an appeal works: what you can appeal, the steps before you start, the deadline that really matters, the evidence that helps, and what a hearing is actually like. It is information, not legal advice. For advice on your own case, speak to IPSEA or your local SENDIASS (both free). Links are at the end.
Not sure whether the Local Authority has followed the rules? Our free SEND Rights Quiz walks you through your situation in a few minutes and points you to the right next step.
Which decisions you can appeal
You can appeal to the SEND Tribunal if your Local Authority does any of these (gov.uk):
- Refuses to carry out an EHC needs assessment (the formal check the Local Authority does), or refuses to reassess.
- Refuses to issue an EHC plan after carrying out an assessment.
- Refuses to change the education parts of an existing plan. These are Section B (your child’s needs), Section F (the support they get) and Section I (the school or setting named).
- Decides your child no longer needs the plan and moves to cease (end) it.
If your dispute is about Sections B, F or I, you are appealing the content: what the plan says, the support it promises, or where your child goes. These are the most common appeals, and they are where strong evidence makes the biggest difference.
Step one: consider mediation and get the certificate
Before you appeal, in most cases you must consider mediation. The Local Authority’s decision letter will tell you how to contact a mediation service.
You do not have to go through with mediation. But you do need to contact the mediation service and get a mediation certificate, which you must have before the tribunal will register your appeal (gov.uk). Think of it as a step on the way to the tribunal, not a hurdle that decides anything.
The one exemption: you do not have to consider mediation if your appeal is only about which school or setting your child should attend (Section I). In that case you can go straight to the tribunal (gov.uk).
Mediation is voluntary and can sometimes resolve things faster. But it is not a substitute for the tribunal, and saying no to it does not weaken your appeal.
The deadline that really matters
Miss the deadline and you can lose the right to appeal, so put it in your calendar the day the decision letter arrives.
The time limit is set in law (Tribunal Procedure Rules 2008, rule 20). You must lodge your appeal:
- within 2 months of the date the Local Authority sent you written notice of its decision, or
- within 1 month of the date your mediation certificate was issued,
whichever is later.
So if your certificate is issued late in the two-month window, the one-month rule can give you a little extra time. If you are close to the deadline, lodge the appeal anyway and add detail later. Getting it registered in time is what counts.
There is no fee to appeal. You lodge using the tribunal’s appeal form (the SEND35), along with the decision letter, your mediation certificate (unless you are exempt), a copy of the plan if you are appealing its content, and your grounds of appeal (your reasons).
The broad timeline
Once you lodge, the process runs roughly like this:
- Registration. The tribunal usually registers your appeal and writes to you with the next steps and your deadlines.
- The Local Authority responds. The Local Authority sends its written response, normally around 30 working days after the appeal is lodged. Its response to a content appeal must also include your child’s views on the issues, or explain why they were not gathered (IPSEA).
- Evidence and the bundle. Both sides send in evidence by set dates. It is all collected into one document, the “bundle”, that the panel reads.
- The hearing. Be prepared for a wait. Demand on the tribunal is high, and hearing dates can be set many months ahead, in some cases over 40 weeks away (IPSEA). Use the time to gather strong evidence.
- The decision. You normally get the decision and reasons in writing within about 10 working days of the hearing, not on the day.
Many appeals never reach a hearing because the Local Authority concedes or the two sides agree changes first. In 2024/25, 71% of recorded SEND appeal outcomes were decided by the tribunal, meaning the rest were settled another way (gov.uk).
The evidence that helps
A SEND appeal is won on evidence, not on how upset you are (understandable as that is). The panel decides on what is in front of it. Aim to show, in plain terms, what your child needs and the support that meets it.
Useful evidence usually includes:
- Professional reports. Educational psychology, speech and language therapy, occupational therapy, paediatric or CAMHS reports, and any specialist assessments. Independent reports can carry real weight, especially in content appeals about Sections B and F.
- School and setting evidence. The SENCO’s input, the current support plan, records of what has been tried, attendance and behaviour logs, and any reports showing your child is not making progress.
- Your own record. A clear, dated diary of incidents, meetings, phone calls and emails. Parents are often the only people who see the whole picture, and a calm, factual log is powerful.
- Your child’s views. What your child wants and how school feels to them matters to the panel. This can be a short statement, a drawing, or notes from someone they trust.
Content appeals (Sections B and F) have page limits on evidence, so be selective. Lead with the documents that directly support the change you are asking for (IPSEA). If you can, set out exactly what you want each section to say, supported by a report.
If you want a professional in your corner, our Find an Expert directory lists independent advisers, advocates and report writers who work with families on appeals. For a free, structured way to build your case from scratch, The SCOPE, our free guide, takes you through it step by step.
What a hearing is like
Hearings are far less formal than a courtroom. Most are now held remotely by video, though some are in person. There is no jury and no public gallery.
The panel is usually a judge (a lawyer) and two specialist members with SEND experience. They will have read the bundle. The judge runs the hearing, the Local Authority presents its case, and you present yours. You can speak, bring witnesses, and ask questions. The panel will ask you questions too. It is a discussion focused on your child, not a test designed to catch you out.
Many parents represent themselves and do well. You do not need a solicitor to appeal. If nerves are an issue, it is fine to read from notes and to take a moment before answering.
The honest success picture
Here is the encouraging part, and it is verified. In 2024/25, of the SEND appeals decided by the tribunal, 99% (around 14,000) went in the appellant’s favour, the same proportion as the year before (gov.uk).
That does not mean every parent wins automatically, and it does not promise an outcome in your case. But it does tell you something real: when a Local Authority’s “no” is tested against the evidence by an independent panel, parents very often turn out to be right. An appeal is hard work, and the wait can be long, but the figures are genuinely on the side of families who appeal.
Frequently asked questions
How long do I have to appeal a SEND decision?
You have 2 months from the date the Local Authority sent its decision in writing, or 1 month from the date your mediation certificate was issued, whichever is later (Tribunal Procedure Rules 2008, rule 20). Lodge as soon as you can rather than leaving it to the last day.
Do I have to go to mediation before I appeal?
In most cases you must consider mediation and get a mediation certificate before the tribunal will register your appeal. You can decline mediation and still get the certificate. You are exempt if your appeal is only about the school named in Section I (gov.uk).
Does it cost anything to appeal?
No. There is no fee for a parent or young person to appeal to the SEND Tribunal.
What are my chances of winning?
In 2024/25, 99% of SEND appeals decided by the tribunal were in the appellant’s favour (gov.uk). That is no promise about your own case, but strong, specific evidence about your child’s needs and support gives you the best chance.
Can I represent myself?
Yes. Many parents represent themselves successfully. You can also get free advice from IPSEA or your local SENDIASS, or bring an independent adviser.
Where to start
You do not have to work out your case alone. The free SEND Rights Quiz helps you check where you stand and what to do next, in a few calm minutes. If you would rather build your appeal with a clear, guided plan, The SCOPE, our free guide, takes you through it step by step.
For free independent advice on your own situation, contact IPSEA (ipsea.org.uk), your local SENDIASS, or read the official guidance at gov.uk/appeal-ehc-plan-decision. Your current EHC plan stays fully legally enforceable while any reforms are still only proposals, so your rights today are real. Use them.