How to complete a SEND35 appeal form
This guide has been created to help you complete the SEND35 appeal form.
You should use the SEND35 form if the Council has:
- refused to issue an Education, Health and Care (EHC) Plan after an assessment
- refused to reassess your child’s needs
- issued an EHCP you disagree with
- decided to cease your child’s EHC Plan
Whether you’re a parent, carer, or young person making the appeal yourself, this document is designed to make the process clearer and more manageable.
In this guidance, we will be looking at the downloaded form, but the information for the online form is the same.
Contents
Access the form →
Step 1: Mediation →
The form is split into the following 17 sections along with a declaration and supporting evidence. All sections MUST be completed.
Section 1 – Child or young person’s information →
Section 2 – Details of the person appealing →
Section 4 – Representative’s information →
Section 5 – Advocate information →
Section 6 – Communication during the appeal →
Section 7 – Anyone else with parental responsibility →
Section 8 – Type of appeal →
Section 9 – School, college or education provider →
Section 10 – Reasons for appeal →
Section 11 – Health and Social Care (optional) →
Section 12 - Mediation Certificate
→
Section 13 – Appealing on time →
Section 14 – Other SEND appeals →
Section 15 - Other court or tribunal case
→
Section 16 – Hearing preferences →
Declaration →
Supporting evidence →
What happens next? →
Access the form
Online form
Complete the online form →
PDF form
Download the PDF form →
Start here
Mediation
Before you can submit the Appeal Form, you MUST* contact Global Mediation.
* You do not need a mediation certificate if your appeal is only about which school, college or education provider the child or young person should attend (Section I of the EHC plan).
Section
1
Child or young person’s information
Fill in the child or young person’s information.
Section
2
Who is making the appeal?
- A young person making the appeal should tick the first box.
- An adult appealing on behalf of a young person, tick the second box.
- For a child under 16, tick the third box.
- Fill in your details.
Section
3
Details of another parent or carer
This section allows you to add another parent or carer to the form.
Section
4
Representative's information
If you have someone representing you at the tribunal, add their details here.
This could be legal representation, an advocate, a SEND advisor, a family member or friend.
You do not need a representative to attend a SEND tribunal.
Decisions are based on evidence and the law, not on whether you have a representative.
Section
5
Advocate information
If you have an advocate, this is where you add their information.
An advocate can help you to prepare the case, gathering evidence and providing support, but they can’t speak on your behalf at the tribunal.
Section
6
Communication during the appeal
Nominate the person who will receive emails and information from SENDIST.
This must be someone named on the form, such as yourself, an advocate or representative.
Section
7
Anyone else with parental responsibility
If your child is under 18, does anyone else hold parental responsibility for them?
If you have not told the co-parent about the appeal, you will need to explain why.
Section
8
Type of appeal
This part of the form helps you explain why you’re appealing to the SEND Tribunal.
8.1 - What’s the issue?
- Tick the box that matches your situation:
- n The LA refused to give your child an EHC plan
- The LA refused to reassess your child’s needs
- You disagree with parts of the current EHC plan
- The LA decided your child no longer needs an EHC plan
8.2 - Was there a recent review?
Say yes or no if this appeal is happening after an annual review of the plan.
8.3 - What parts of the plan do you disagree with?
Tick all that apply:
- Section B – What the plan says about your child’s needs
- Section F – The support your child should get
- Section I – The school or type of school named in the plan
You can also tell the tribunal about any health or social care concerns, even if they’re not the main reason for your appeal.
Section
9
School, college or education provider
This section is about where your child or young person will go to school or college, as written in Section I of the EHC plan.
9.1 - What’s the issue?
Tick one:
The LA has named a school or college, but you disagree with the choice.
or
The LA hasn’t named any school or college in the plan.
9.2 – Have you asked for a specific place?
Tick Yes if you’ve asked for a particular school or college ➔ Go to question 9.4
Tick No if you haven’t ➔ Go to question 9.3
9.3 – What kind of place are you asking for?
If you haven’t named a specific school, describe the type of school or college you want. You can include things like:
– The kind of support they offer
– The size of the school or classes
– Whether they have accessible facilities for disabled students
9.4 – Which school or college are you asking for?
Write the name and address of your first choice school or college.
9.5 – When did you contact them?
Write the date you first got in touch with the school or college (by phone, email, letter, etc.).
9.6 – What did they say? (Optional)
You can include any response you received from the school or college.
Only include what they said — don’t explain your reasons for appealing here.
Section
10
Reasons for appeal
This is your chance to explain what you disagree with in the EHC plan and what you want to change.
For each issue:
- What the problem is
- Why you disagree
- Any evidence you have
- What you want the tribunal to do
Example reasons for disagreement:
Example 1
The LA didn’t include all of my child’s needs in Section B.
The support in Section F isn’t enough or isn’t specific.
Example 2
The school named in Section I isn’t suitable for my child’s needs.
Example 3
Example 4
Keep it clear and focused. You can attach extra pages if needed — just put your name at the top of each one.
Section
11
Health and Social Care (optional)
You can ask the tribunal to make recommendations about your child’s health or social care needs.
11.1 – Do you want to ask for this?
Tick Yes if you want the tribunal to look at health or social care needs.
➔ Go to 11.2
Tick No if you don’t
➔ Skip to Section 12
11.2 – What do you want help with?
You can tick one or both:
Health – This is usually in Sections C and G of the EHC plan.
Social care – This is usually in Sections D and H of the EHC plan.
The LA will send a copy of your appeal to the health or social care provider if you include this section.
Section
12
Mediation Certificate
Before you send your appeal, you usually need a mediation certificate to show you’ve thought about mediation.
What is mediation?
It’s a chance to talk with the LA and try to sort things out before going to tribunal.
You don’t have to attend, but you must contact a mediation service to get a certificate.
12.1 – Do you have a certificate?
Tick Yes if you have one
➔ Go to Section 13
Tick No
➔ Go to 12.2
12.2 – Why don’t you have one?
Tick one:
- Your appeal is only about the school or college named in Section I
- You have another reason — explain clearly why you didn’t get a certificate.
If you don’t explain properly, your appeal might be delayed. Include any evidence and list it at the end of the form.
Section
13
Appealing on time
This section is about when you’re sending your appeal and whether it’s within the time limit.
13.1 – Date of LA decision letter
Write the date printed on the LA’s decision letter (e.g. when they refused the plan or made changes).
13.2 – Date of mediation certificate (optional)
If you have a mediation certificate, write the date printed on it.
13.3 – If your appeal is late
If you’re appealing after the deadline, explain:
- Why it’s late
- Why you think the appeal should still go ahead
- Why you shouldn’t have to wait for another review or assessment
- Include any evidence that supports your reason for the delay and list it at the end of the form.
Sections
14 and 15
Other SEND appeals
These sections ask if there are any other legal cases involving your child or their siblings.
Section 14 – Other SEND Appeals
Tick Yes
If your child or their siblings are involved in any other SEND appeals
➔ Write the reference numbers (e.g. EH305/23/00001)
Include any relevant documents or orders if you have them
Tick No
If there are no other SEND appeals
Section 15 – Other Court or Tribunal Cases
Tick Yes
If your child is involved in any other legal cases (e.g. family court)
➔ Write the name of the case and a short description
Include any relevant documents or orders if you have them
Tick No
If there are no other cases
Section
16
Hearing preferences
This section is about how you’d like your appeal to be heard.
16.1 – What kind of hearing do you want?
Choose one:
Paper hearing – The tribunal decides based on documents only (you don’t attend)
Hearing you can attend – Most are by video, but some may be in person
You’ll only get a paper hearing if both you and the LA agree.
16.2 – Would you like an earlier hearing if one becomes available?
Tick Yes
If you’re happy to be offered an earlier date
Tick No
If you want to keep the original date
16.3 – Can you take part in a video hearing?
Tick Yes
If you can
Tick No
If you can’t — explain why (e.g. no internet access, disability)
Section
17
Support during your case
You can ask for help to make sure you can take part fully in your appeal.
17.1 – Do you need a language interpreter?
Tick Yes
If you or someone helping you needs an interpreter
➔ Write the language(s) or dialect(s) needed
Tick No
If not
17.2 – Do you need any other support?
You can ask for reasonable adjustments, such as:
- A sign language interpreter
- Documents in large print, different colours or fonts
- Help with hearing, sight, speech or communication
- Support for mental health
- Help with access or mobility if the hearing is in person
Think about what you need for emails, phone calls, video hearings, or in-person hearings.
Declaration
This is where you sign the form and check you’ve included everything needed.
Declaration
Tick the box that applies:
- I’m a parent/carer completing this form for a child or young person
- I’m a young person completing this form myself
Then:
Sign your name
Tick whether you are a parent/carer, young person, or representative.
Write the date and your full name.
Checklist – What to include...
A copy of the LA’s decision letter
A copy of the final EHC plan (if you have one), including all documents listed in Section K
A copy of the mediation certificate (if needed)
On the next page, list all the evidence you’re sending to support your appeal…
Use this table to list all the documents you’re sending with your appeal.
What to include:
- Letters from professionals (e.g. doctors, teachers, therapists)
- Reports or assessments
- Emails or notes from the LA
- Anything that supports your case
Make sure each document is clearly labelled and easy to match with this list.
Once your form is complete and signed, send it with all your documents by:
Email (recommended)
Send to: send@justice.gov.uk
Use subject line: “New appeal”
Post
HM Courts & Tribunals Service
Special Educational Needs and Disability Tribunal
1st Floor
Darlington Magistrates Court
Parkgate
Darlington
DL1 1RU
What happens next?
If you gave a mobile number, you’ll get a text when your appeal is being reviewed.
You’ll get a confirmation letter once your appeal is registered.
The tribunal aims to respond within 10 working days (may take longer in busy times).
If you don’t hear anything within 25 working days, contact the tribunal.
The tribunal will also notify the Local Authority.
More information
GOV.UK – SEND37 guide (How to appeal an SEN decision) →