EHCP appeals and mediation: deadlines and first steps

You can appeal certain local-authority decisions about an EHC needs assessment or EHC plan to the SEND Tribunal. The usual deadline is two months from the decision letter or one month from the mediation certificate, whichever gives you longer.

Deadlines and procedure matter. Check the current Tribunal guidance and obtain advice for your circumstances.

Which decisions can be appealed?

Section 51 of the Children and Families Act 2014 covers decisions including:

• refusal to carry out an EHC needs assessment
• refusal to issue a plan after assessment
• the description of needs in Section B
• the special educational provision in Section F
• the school or type of setting in Section I
• refusal to reassess
• refusal to amend after review or reassessment
• a decision to cease the plan

The appeal is about the decision or plan content. A failure to deliver existing Section F provision usually needs a different enforcement route.

Is mediation compulsory?

You must normally contact a mediation adviser before registering an appeal. The adviser issues a certificate. You do not have to attend a mediation meeting before appealing.

An appeal only about the school or institution named in Section I does not normally require a mediation certificate. If your appeal also covers Sections B or F, the certificate requirement generally applies.

Mediation can resolve some disputes, but do not let informal discussions obscure the deadline. Record every relevant date.

Calculate the appeal deadline

Use the later of:

• two months from the date of the local authority decision letter
• one month from the date on the mediation certificate

Do not assume that school holidays, ongoing negotiation or a complaint pause the clock. If the final day falls on a non-working day, check the Tribunal's current procedural rules rather than guessing.

Which form should you use?

Most EHC plan appeals use form SEND35. A refusal to assess uses SEND35A. Current forms and submission instructions are available on GOV.UK.

Your appeal should identify:

• the decision being appealed
• the changes der you want
• concise grounds explaining why
• the decision letter and mediation certificate where required
• the evidence available at registration

Further evidence can usually follow according to case directions. A focused bundle is easier to use than every document ever created.

Build the evidence around the issue

For a refusal to assess, address the statutory test. For plan-content appeals, compare professional advice with Sections B and F. For placement, explain why the requested setting is suitable and answer the relevant statutory tests.

Useful evidence may include:

• educational psychology and therapy advice
• school records and APDR reviews
• attendance and exclusion information
• the current and proposed plan wording
• costed provision evidence where relevant
• the child or young person's views

What can the Tribunal do?

The Tribunal can order an assessment, order a plan to be issued, amend relevant sections or direct that a plan continues. In an extended appeal it can make non-binding recommendations about health and social-care issues connected to the educational appeal.

It does not normally award compensation or manage daily delivery of an existing plan.

A practical first-week checklist

1. Save the decision letter and envelope or email.
2. Calculate the provisional two-month deadline.
3. Contact a mediation adviser if required.
4. Identify the precise outcome you want.
5. Request missing records promptly.
6. Get advice from SENDIASS, IPSEA or a specialist adviser.
7. Submit in time, even if discussions continue.

Unisen keeps decision letters, evidence and deadlines together so the next action is visible.

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