SEND35a Form UK: Appeal EHC Assessment Refusal

Overview

An EHC Needs Assessment is the formal process a local authority uses to work out whether a child or young person has special educational needs that cannot be met through the usual support available in their school or college, and whether they need an Education, Health and Care Plan to secure that support. The assessment draws on input from parents, teachers, educational psychologists, health professionals and, where appropriate, the young person themselves.

It looks at learning, communication, behaviour, physical needs and emotional wellbeing to build a picture of what support the child requires. If a local authority decides not to carry out an assessment after a request has been made, that refusal can be appealed.

Form SEND35a is the route for challenging a refusal to secure an assessment specifically, and it sits alongside other SEND appeal forms used for different decisions. The appeal is heard by the First-tier Tribunal (Special Educational Needs and Disability), which is independent of the local authority.

Key steps

1. Check the deadline and obtain your mediation certificate. Before submitting SEND35a, you generally need to contact a mediation adviser and obtain a mediation certificate. The Tribunal usually needs to receive your appeal within two months of the local authority's decision letter, or within one month of the mediation certificate, whichever is later. Missing these windows can mean your appeal is not accepted.
2. Complete Section 1 with details of the child or young person. This part identifies who the appeal relates to. You will need to give the child's full name, date of birth, gender and age. If the young person is over 16 and making the appeal in their own right, their details go here. Accuracy at this stage helps the Tribunal link your appeal to the correct case.
3. Set out your reasons for appealing in Section 2. Explain clearly why you disagree with the local authority's refusal to assess. Attach the decision letter and the mediation certificate. If you are filing late or cannot produce a mediation certificate, use this section to explain the circumstances so the Tribunal can consider whether to accept your appeal.
4. Choose how your appeal is decided in Section 3. The Tribunal can decide some appeals on the papers alone, without an oral hearing, if both you and the local authority agree. A paper decision is often quicker but you lose the chance to speak directly to the panel. Think carefully about which route suits your circumstances before ticking a box.
5. Complete the remaining sections and submit. Sections 4 to 6 cover any related appeals or disability discrimination claims, the contact details of everyone bringing the appeal, and any advocate or representative supporting you. Check the form is signed, attach all required documents, and send it to the Tribunal by the required deadline using the address on the form.

Common questions