Lesson 4.2
Appeal
Information, not legal advice. Applies in England. Reviewed June 2026.
When the Local Authority says no, you can challenge it at the SEND Tribunal. It is free, it is independent, and you do not need a solicitor to do it. The path has a few steps, and one deadline that matters more than all the others. Get that right and you keep your right to be heard.
You can appeal if the Local Authority refuses to assess, refuses to issue a plan after assessing, refuses to change the education sections (B, F or I) of a plan, or decides to cease (stop) a plan. Keep the decision letter: its date starts your appeal clock, so diarise it the day it arrives.
Step 1, mediation. In most cases, before you appeal you must consider mediation and get a mediation certificate. You do not have to go through with the mediation itself, but the tribunal will not register your appeal without the certificate.
There is one exemption, and it is narrow. You can skip mediation and go straight to the tribunal only when your appeal is solely about which school or setting is named (Section I). The moment your appeal also touches Section B or Section F, it is a mixed appeal and you still need a mediation certificate first. Most content appeals are mixed. If in doubt, get the certificate: it never harms your appeal.
Step 2, lodge the appeal. You lodge with the First-tier Tribunal (SEND) using form SEND35. It is free, online or by post.
After you lodge, the tribunal registers the case and sets your deadlines in writing. Put every date in your calendar and follow them exactly. The Local Authority files its response, both sides send evidence, and most cases are then decided. Many appeals settle before any hearing because the Local Authority concedes or both sides agree changes.
If it goes wrong. If you miss the deadline, you can lose the right to appeal. If you are near the cut-off, lodge now. If you have already missed it, contact IPSEA at once: the tribunal can sometimes accept a late appeal, but you cannot count on it. If the decision letter does not explain your appeal rights or the deadline, treat that as a flag and get advice straight away.
This covers the law in England only. It differs in Scotland, Wales and Northern Ireland, so check your nation if different. This is information to help you prepare, not legal advice.