EHCP appeal, SEND First-tier Tribunal

The four appealable decisions

Under section 51 of the Children and Families Act 2014, parents and young people can appeal four kinds of council decision:

• Refusal to assess. Council decides not to carry out an EHC needs assessment after your request.
• Refusal to issue. Council assessed but decides not to issue an EHCP.
• Contents of the plan. Section B (needs), Section F (provision), or Section I (placement) are inadequate, vague, or wrong.
• Decision to cease. Council ends an existing EHCP.

You cannot appeal Sections A, C, D, E, G, H1, H2, J or K directly — though related parts can be raised under the "health" and "social care" extended appeal pilot in some areas.

Deadlines and the mediation step

Two months from the date of the decision letter, or one month from the date of a mediation certificate, whichever is later. The mediation step is mandatory in process but not in substance — you must contact the named mediation adviser, but you can ask for the certificate without attending.

Late appeals are only accepted in exceptional circumstances and the tribunal sets a high bar. Diary the deadline the day the letter arrives.

Win rates and what they mean

The DfE publishes annual SEND tribunal statistics. In 2023/24:

• Refusal-to-assess appeals: ~96% decided in favour of the parent (or council conceded).
• Refusal-to-issue appeals: ~98% decided in favour of the parent.
• Contents-of-plan appeals: ~90% achieved at least partial parent success.

What this really tells you is that councils refuse routinely, knowing most parents do not appeal. If you do appeal, the law is on your side — the burden falls on the council to defend the decision.

What evidence wins appeals

• Independent reports. A private educational psychologist report, in particular, carries more weight than the council's EP report at tribunal. SALT, OT and clinical reports also count.
• School data. Attainment data showing the child is years below age-expected, attendance data, incident logs.
• Parent statement. A factual, dated description of how the child functions at home and at school. Tribunals take parent evidence seriously.
• Existing SEN Support paperwork. Showing what has been tried and has not worked.

How to lodge an appeal

Use form SEND35 or appeal online via GOV.UK. There is no tribunal fee. Attach the decision letter, the mediation certificate, and a short statement of what you want the tribunal to order (e.g. "Order the council to carry out an EHC needs assessment").

If you want a council to reconsider before tribunal — useful for clearly weak refusals — a structured pre-action letter quoting section 36, the Code of Practice, and the win-rate statistics often prompts a U-turn. Finally Seen writes that letter.

What happens at the hearing

Hearings are usually remote (CVP video link), inquisitorial (the panel asks questions rather than the parties cross-examining), and last half a day to a day. The panel is a tribunal judge plus two specialist members. You can attend with a friend, an advocate, or a representative — none is compulsory. Decisions are reserved and posted in writing typically within 10 working days.

Free help and advocacy

• IPSEA — free legal advice line, tribunal help service, model letters.
• SOS!SEN — free helpline, casework support.
• Contact — free helpline for families with disabled children.

Frequently asked questions