How to fill in the SEND35 form (appeal an EHCP decision)
The SEND35 is how you appeal a local authority decision about an EHC needs assessment or an EHCP to the First-tier Tribunal (SEND). Most of the form is contact details; the appeal is won or lost on two things - choosing the right appeal type and setting out clear, evidenced grounds for what you want changed. These notes walk you through the parts that decide the case.
- Deadline
- Submit within 2 months of the local authority decision, or within 1 month of your mediation certificate, whichever is later
- Time to complete
- Allow a few hours; gather the decision letter, the EHCP and your evidence first
- Who it’s for
- Parents, or a young person aged 16 to 25, appealing a local authority decision about an EHC needs assessment or an EHCP.
- Where it applies
- England
The SEND tribunal only covers England. Wales, Scotland and Northern Ireland each have their own appeal route.
GOV.UK is the official source and is always the most up to date. These copies are provided for convenience.
We’ve put the parts that decide the claim first. The question numbers tell you where each one sits on the form.
Can you appeal, and which type (Section 8)
SEND35 covers most EHCP appeals. Before anything else, check your local authority decision letter and pick the right appeal type, because it sets the legal test the tribunal will apply and what evidence matters. One appeal can cover more than one decision.
Q19 - What are you appealing about?
- What they’re really asking
- Which local authority decision you’re challenging: a refusal to make an EHCP, a refusal to secure a reassessment, disagreement with Section B, F or I of an existing plan, or a decision that a plan is no longer necessary.
- How to answer it well
- Tick all that apply, taken straight from your decision letter. The refusal to carry out an EHC needs assessment in the first place is a different form (SEND35A), not this one. If the local authority assessed but then refused to issue a plan, that’s SEND35, and the test is whether a plan is "necessary" under section 37(1) of the Children and Families Act 2014 - a higher bar than the "may be necessary" test for assessment.
- Common mistake
- Using SEND35 for a refusal to assess. That decision uses SEND35A. Using the wrong form delays the appeal.
Show the wording on the form
Q19, page 10
What are you appealing about?
Answer options: The local authority refused to make an EHC plan / The local authority refused to secure a reassessment of EHC needs / I disagree with something written in Section B, F or I of the EHC plan / The local authority decided a plan is no longer necessary
Q21 - Which sections of the EHCP do you disagree with?
- What they’re really asking
- For a contents appeal, exactly which parts of the plan you challenge: Section B (the description of needs), Section F (the special educational provision), or Section I (the named school or type of school).
- How to answer it well
- Only Sections B, F and I can be appealed (plus health and social care by recommendation, see below). Choose all that apply. Most strong appeals link them: a need described in Section B should drive provision in Section F, which in turn shapes the placement in Section I. Section A (views) and Section E (outcomes) can’t be appealed directly, though you can argue the outcomes don’t match the needs.
- Common mistake
- Trying to appeal Section A or E directly, or naming a section you haven’t actually given grounds and evidence for.
Show the wording on the form
Q21, page 10
What section or sections of the EHC plan do you disagree with?
Answer options: Section B of the plan - I disagree with what the EHC plan says about the child or young person's special educational needs / Section F of the plan - I disagree with what the EHC plan says about the educational help or provision the child or young person requires / Section I of the plan - I disagree with the school, college or education provider named in the plan or the type of education provider
Q20 - Is the appeal following an annual review?
- What they’re really asking
- Whether the decision you’re appealing came out of an annual review of the plan, which can affect how the tribunal handles timing.
- How to answer it well
- Answer honestly. If your child is changing school phase (for example primary to secondary), say so on the form: the tribunal runs an accelerated track for phase transfer appeals and tries to list them before the new school year. File early rather than waiting for the deadline.
Show the wording on the form
Q20, page 10
Is the appeal following an annual review of an EHC plan?
Answer options: Yes / No
The deadline and the mediation step (Sections 12 and 13)
For most appeals you must contact a mediation adviser before you can appeal, and you need a mediation certificate to send with the form. You don’t have to actually mediate. The certificate also extends your deadline, so this step is about both eligibility and timing.
Q35 - Do you have a mediation certificate?
- What they’re really asking
- Whether a mediation adviser has issued you a certificate, which the tribunal needs for most appeals before it will register them.
- How to answer it well
- Contact the mediation adviser (their details are on your decision letter) within 2 months of the decision. You can decline mediation itself and still get the certificate, usually within 3 working days. You only need to consider mediation, not take part in it. Send the certificate with your SEND35.
- Common mistake
- Assuming you must attend a mediation meeting, or leaving the call so late that the certificate doesn’t arrive before your deadline.
Show the wording on the form
Q35, page 17
Do you have a mediation certificate?
Answer options: Yes / No
Q36 - The Section I-only exception
- What they’re really asking
- Whether your appeal is the rare case that doesn’t need a certificate at all: an appeal only about which school or type of school is named in Section I.
- How to answer it well
- If you’re appealing the Section I placement and nothing else, you can appeal straight to the tribunal with no mediation certificate. The moment you add any other section (for example Section F provision), you’re back to needing the certificate. If you think you don’t need one for another reason, explain it in full on the form, or it may cause delay.
- Common mistake
- Claiming the Section I exception while also disputing Section B or F. Mixing in any other section removes the exception.
Show the wording on the form
Q36, page 17
I do not have a mediation certificate because:
Answer options: My appeal is only about which school, college or education provider the child or young person should attend (Section I of the EHC plan) / Another reason
Q37 - Appealing on time
- What they’re really asking
- The date on your local authority decision letter, the date on your mediation certificate (if you have one), and an explanation if your appeal might be late.
- How to answer it well
- The deadline is 2 months from the decision letter, or 1 month from the mediation certificate, whichever is later. Contacting the adviser near the 2-month mark can lawfully extend your window, which many parents use to buy preparation time. If you’re out of time, give full reasons here: why it’s late, why you expect to succeed, and why you shouldn’t have to wait for an annual review or reassessment instead.
- Common mistake
- Counting only from the decision letter and missing that the certificate can give you more time, or leaving the late-appeal box blank when the dates are tight.
Show the wording on the form
Q37, page 18
Appealing on time
Your details and who acts for you (Sections 1 to 7)
The first half of the form is who the appeal is about, who is making it, and who the tribunal should talk to. It’s mostly straightforward, but a few choices control communication and need care.
Q2 - Who is making the appeal?
- What they’re really asking
- Whether you’re appealing as a parent or carer, as the young person yourself, or as an alternative person acting for a young person who can’t appeal alone.
- How to answer it well
- A young person can appeal for themselves once they’re over compulsory school age and under 25. A parent or carer appeals for a child up to 16. An "alternative person" (for example someone with lasting power of attorney) appeals for a young person who can’t do it themselves. Pick the one that matches your situation.
Show the wording on the form
Q2, page 4
Who is making the appeal?
Answer options: I'm appealing for myself as a young person / I'm appealing on behalf of the young person as an alternative person / I'm appealing on behalf of the child (between 0 to 16 years old) as a parent or carer
Q6 and Q12 - Representative and who receives information
- What they’re really asking
- Whether you have a representative dealing with the tribunal for you, and the single person the tribunal should send information to during the appeal.
- How to answer it well
- You don’t need a representative; many parents appeal without one and the tribunal is inquisitorial, meaning it actively seeks the truth rather than pitting two sides against each other. If you do name a representative, the tribunal will then communicate only with them. The tribunal will only send updates to one named person (Q12), so choose the person who will actually read and act on them.
- Common mistake
- Naming a representative or contact who isn’t on top of the case, then missing tribunal directions and deadlines sent only to them.
Show the wording on the form
Q6, page 6
Do you have a representative?
Answer options: Yes / No
Q12, page 8
Who do you want to receive information about the appeal?
Answer options: The young person the appeal is about / The named advocate / The named representative / The named parent or carer / The alternative person
Q16 - Anyone else with parental responsibility
- What they’re really asking
- Whether another person or body (for example the other parent, a social worker, or the local authority for a looked-after child) also has parental responsibility, and whether you’ve told them about the appeal.
- How to answer it well
- If the child or young person is under 18, you must say who else has parental responsibility and whether they know about the appeal. If you haven’t told them, give your reasons in the box provided. Be straight here: the tribunal needs to know who has a right to be involved.
Show the wording on the form
Q16, page 9
Is there any other person or organisation with parental responsibility?
Answer options: Yes / No
The school you want named (Section 9)
You only complete this section if you’re appealing Section I - the school, college or type of provider named in the plan. It lets you tell the tribunal which placement you want and what you’ve already done to secure it.
Q22 to Q24 - What you disagree with and the type of placement
- What they’re really asking
- Whether you disagree with the provider named in Section I, or the local authority has named none, and what type of setting you’re asking for.
- How to answer it well
- Say whether the dispute is the named school or a blank Section I. If you want a particular type of setting rather than a named one, describe its features: the main type of support it offers, class or school size, and access for disabled children. The tribunal can name a specific school or a type of school in its order.
Show the wording on the form
Q22, page 11
What about Section I do you disagree with?
Answer options: I disagree with the school, college or education provider named in the EHC plan (Section I) / The local authority has not named a school, college or education provider in the EHC plan (Section I)
Q23, page 11
Have you asked for a specific school, college or education provider?
Answer options: Yes / No
Q24, page 11
Which type of school, college or education provider do you want to ask for?
Q25 and Q26 - Which school you asked for and when
- What they’re really asking
- The name and address of your first-choice school or provider, and the date you contacted them.
- How to answer it well
- Name your first choice and give the date you contacted them. You or the local authority should have told the provider you want it named in the plan, so it can confirm it can meet your child’s needs. Approaching your preferred school early, with a copy of the EHCP, strengthens this part.
- Common mistake
- Leaving the contact date blank or naming a school you’ve never actually approached, which weakens the placement argument.
Show the wording on the form
Q25, page 12
Which school, college or education provider did you ask for?
Q26, page 12
When did you contact the school, college or education provider?
Stuck on a question? The assistant can help you word it for your child.
Ask the assistantYour grounds for appeal (Section 10)
This is the heart of the appeal. For each thing you disagree with, the tribunal wants four things: what the issue is, why you disagree, what evidence backs it, and exactly what you want the tribunal to do. Vague grounds get vague outcomes.
Q28 - What are the reasons for your appeal?
- What they’re really asking
- A clear, issue-by-issue case: what is wrong with the decision or the plan, why it’s wrong against the relevant legal test, and what specific change you want.
- How to answer it well
- Take each disputed point in turn and number it. Name the legal test and map your evidence to it. For a refusal to issue, that’s whether a plan is "necessary" under section 37(1) - typically because your child’s needs go beyond what the school can deliver from its ordinary resources. For Section F, ask for provision that’s specific and quantified ("1:1 speech and language therapy, 45 minutes, 3 times a week"), not "support as needed", because the tribunal can only order provision it can describe. List your evidence in the supporting evidence table at the end and attach it.
- Common mistake
- Writing emotionally or generally ("the school is not coping") without tying each point to a legal test, specific evidence, and the exact wording you want. Vague Section F requests can’t be ordered.
Show the wording on the form
Q28, page 13
What are the reasons for your appeal?
What to ask the tribunal to order
- What they’re really asking
- The concrete outcome you want, so the tribunal knows what order to make if it agrees with you.
- How to answer it well
- Be explicit. The tribunal can order the local authority to carry out a reassessment, to issue a plan, to amend the wording of Sections B, F or I, or to name a particular school or type of school. It can’t award compensation, and it can only make recommendations (not binding orders) on health and social care. State the order you want next to each numbered ground.
Evidence and the working document
Strong evidence, filed early, wins SEND appeals. After the local authority responds, contents appeals run on a "working document" - a shared, marked-up version of the plan where both sides propose changes to narrow the disputes before the hearing.
Which evidence carries weight
- What they’re really asking
- Whether your evidence directly addresses the legal test and the disputed sections, rather than just confirming a diagnosis.
- How to answer it well
- The strongest evidence is independent professional reports (educational psychologist, speech and language therapist, occupational therapist) that speak to the disputed issue, recent school records and progress data, and your own detailed account of daily needs. Attach the decision letter and the full EHCP. Send evidence as early as you can rather than waiting for the deadline - it gives the local authority time to concede points before the hearing.
- Common mistake
- Relying on reports that only confirm a diagnosis, or evidence more than 3 years old, which the tribunal tends to discount unless it’s in Section K of the plan.
The working document
- What they’re really asking
- How both sides narrow a contents appeal before the hearing by editing a shared draft of the plan.
- How to answer it well
- For appeals about the contents of an existing plan, you and the local authority exchange a marked-up version of the EHCP (often colour-coded for parent changes, local authority changes and agreed changes). It doesn’t apply to a refusal to issue, because there’s no plan yet. Keep your proposals tied to evidence you’ve actually filed; unsupported changes weaken your credibility. There are page limits on bundles and the working document, so be focused.
After you send it (Sections 16, 17 and submission)
The form ends with your hearing preferences, any support you need, a declaration, a checklist, and how to submit. Knowing the timeline afterwards helps you keep the case on track.
Q39 and Q40 - Hearing preferences and support
- What they’re really asking
- Whether you want a paper or attended hearing, whether you could take an earlier slot, and any interpreter or reasonable adjustments you need.
- How to answer it well
- Most hearings are held remotely by video. A paper hearing can be quicker but only happens if both sides agree. Ask early for any adjustments (interpreter, breaks, documents in another format, communication or mobility support) so they can be arranged. Say yes to an earlier hearing if you’d take one.
Show the wording on the form
Q39, page 20
Hearing preferences
Answer options: I prefer a paper hearing, just with documents and evidence provided / I prefer a hearing I can attend by video or in person
Q40, page 21
Support during your case
Answer options: Yes - I need a spoken language interpreter / No - I do not need a spoken language interpreter
The checklist and how to submit
- What they’re really asking
- Whether you’ve attached everything the tribunal needs and chosen a valid way to send it.
- How to answer it well
- Attach the decision letter, the EHCP with any Section K documents, and the mediation certificate, then complete the supporting evidence table. You can appeal online, or email the completed form to send@justice.gov.uk with the subject "New appeal", or post it to HM Courts and Tribunals Service, SEND Tribunal, 1st Floor, Darlington Magistrates Court, Parkgate, Darlington, DL1 1RU. Free help with the form is available from IPSEA, your local SENDIASS, and SOS!SEN.
- Common mistake
- Sending the form without the mediation certificate or decision letter, which can stop the tribunal registering the appeal.
Common questions
You must submit within 2 months of the local authority decision letter, or within 1 month of your mediation certificate, whichever is later. Contacting the mediation adviser later in the 2-month window can lawfully extend your deadline, but don’t leave it so late that the certificate arrives after the date you need it.
For most appeals you must contact a mediation adviser and get a mediation certificate to send with the form, but you don’t have to take part in mediation itself. If you decline, the certificate is usually issued within 3 working days. The one exception is an appeal only about the school named in Section I, which needs no certificate.
A refusal to issue an EHCP after an assessment, a refusal to secure a reassessment, a decision that a plan is no longer necessary, and disagreement with Section B (needs), Section F (provision) or Section I (placement) of an existing plan. A refusal to carry out the assessment in the first place uses a different form, SEND35A.
No. The appeal is free and many parents appeal without a lawyer. The tribunal is inquisitorial, meaning it actively seeks the truth rather than pitting two sides against each other. Free help with the form and the process is available from IPSEA, your local SENDIASS, and SOS!SEN.
Take each disputed point in turn and number it: what the issue is, why you disagree against the relevant legal test, what evidence backs it, and exactly what you want the tribunal to order. For Section F, ask for specific, quantified provision rather than "support as needed", because the tribunal can only order provision it can describe.
It can make recommendations about the health and social care sections, but not binding orders, and only if you ask for this when you file (an "extended appeal"). You must also be appealing an education point. The recommendations aren’t legally binding, but the commissioning body must give detailed reasons if it doesn’t follow them.
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