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Form SEND28A UK: Youth Detention EHC Appeal Guide

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Part ofUK Court & Tribunal Forms

Written by Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
Updated June 2026 · England & Wales
When a young person under 18 is held in youth detention accommodation, their right to an Education, Health and Care (EHC) needs assessment and plan does not disappear. If you are a parent or guardian and you disagree with a decision your Local Authority has made about that assessment or plan, Form SEND28A is the route into the First-tier Tribunal (Special Educational Needs and Disability) to challenge it. The form itself is not long, but getting it right matters. Missing a section, forgetting a supporting document, or filing outside the time limit can delay or derail your appeal. This guide walks through each part of Form SEND28A, what the Tribunal expects you to include, and the deadlines that apply, so you can put your appeal on the strongest possible footing.

What this document is

Form SEND28A is the official appeal form used to challenge certain Local Authority decisions concerning a young person under 18 who is detained in youth accommodation, such as a young offender institution, secure training centre, or secure children's home. It is lodged with the First-tier Tribunal (SEND), which handles disputes about special educational needs provision.

The form covers a specific set of decisions. These typically include a refusal to carry out an EHC needs assessment, a refusal to issue an EHC plan following an assessment, the contents of a plan (such as the description of needs or the special educational provision specified), and decisions to cease maintaining a plan.

The circumstances of a detained young person are different from those of a young person in the community, which is why a dedicated form exists. Only certain people can use it, normally a parent of the young person, or in some situations the young person themselves.

The Tribunal will look at the evidence, hear from both sides, and decide whether the Local Authority got the decision right.

How to use this document

  1. Confirm you have appeal rights and a valid decision letter. Before completing anything, check the Local Authority's decision letter. It should set out what was decided and confirm your right to appeal. You generally need to have considered mediation first (or obtained a mediation certificate), unless your appeal is only about the name or type of school or institution named in the plan. 2. Gather the young person's details and supporting paperwork. Section 1 asks for the young person's name, date of birth, gender, and information about their detention, including where they are held and the length of the detention order. Have the decision letter, any existing EHC plan, reports from professionals, and school or educational records to hand, as you will need to refer to them and attach copies. 3. Set out your grounds of appeal clearly. In the appeal reason section, tick the option that matches your situation, for example a refusal to assess, a refusal to issue a plan, or disagreement with the contents of the plan. Use the free-text box to explain, in plain terms, what you say the Local Authority has got wrong and what outcome you are seeking from the Tribunal. 4. Complete the remaining sections honestly and fully. Flag any special needs the young person has, request an interpreter if one is needed, provide your own contact details for correspondence, and list any witnesses you intend to rely on. Work through the checklist at the end of the form to make sure every required document is attached before you send it in. 5. Send the form within the time limit and keep copies. The appeal must normally reach the Tribunal within two months of the Local Authority's decision letter, or one month from a mediation certificate, whichever is later. File electronically or by post according to current Tribunal guidance, and keep a full copy of the form and every enclosure for your records.

Common questions

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Common questions

Q Who can use Form SEND28A?
Form SEND28A is designed for appeals relating to a young person under 18 who is detained in youth accommodation. It is normally completed by a parent or guardian, though in some cases the young person may bring the appeal themselves. If you are unsure whether you have the right to appeal, check the decision letter from the Local Authority, which should state who can challenge the decision.
Q What decisions can I challenge using this form?
You can generally challenge decisions such as a refusal to carry out an EHC needs assessment, a refusal to issue an EHC plan, the description of needs or the special educational provision in a plan, the school or institution named, and a decision to stop maintaining a plan. The exact rights of appeal depend on the decision, so read the Local Authority's letter carefully.
Q Do I need to try mediation first?
In most cases, yes. Before lodging an appeal about most EHC decisions, you need to contact a mediation adviser and obtain a mediation certificate, even if you decide not to go ahead with mediation itself. There are exceptions, for example when the appeal is only about the placement named in the plan. The certificate should then be submitted with your SEND28A.
Q How long do I have to submit the appeal?
The standard time limit is two months from the date of the Local Authority's decision letter, or one month from the date of a mediation certificate, whichever gives you longer. Missing the deadline can mean losing the right to appeal, so diarise the date carefully. If you are running late, you may be able to ask the Tribunal to extend time, but there is no guarantee this will be granted.
Q What documents should I send with the form?
At minimum, include the Local Authority's decision letter, any mediation certificate, a copy of the current EHC plan (if there is one), and any reports, assessments, or correspondence that support your case. The checklist at the end of the form lists what is expected. Sending incomplete paperwork can slow things down, so take time to review everything before filing.
Q Is there a fee to lodge a SEND appeal?
Appeals to the First-tier Tribunal (SEND) are generally free to bring, which is different from many other court proceedings. You may, however, incur costs if you choose to instruct independent experts, obtain private assessments, or arrange legal representation. Check gov.uk for the most up-to-date position before filing.
Q Will the young person need to attend a hearing?
Not necessarily. Many SEND appeals are decided on the papers or at a hearing the young person does not attend, particularly where they are detained. The Tribunal will consider the young person's views and can make arrangements to hear from them where appropriate. You should indicate on the form what support, such as an interpreter, may be needed.
If you're dealing with this kind of situation, speak to an experienced legal adviser who can walk you through it — from £89.

Sources

This guide is based on primary UK law and official guidance.

Brad Askew, Solicitor (non-practising)

Written & reviewed by

Brad Askew Solicitor (non-practising)

Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.

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Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.