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SEND35 Appeal Form UK: How to Challenge an EHCP

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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
Challenging a local authority decision about special educational needs provision is stressful, and the paperwork rarely makes it easier. The First-tier Tribunal (Special Educational Needs and Disability), usually shortened to the SEND Tribunal, hears appeals from parents and young people who disagree with decisions about Education, Health and Care (EHC) plans and needs assessments. Form SEND35 is the route used to start that appeal. On this page I walk through who has the right to bring an appeal, what an advocate or representative can do, and the kind of information the Tribunal expects to see on the form. I have kept the language plain where I can. If you want to talk through your circumstances with someone before you commit to an appeal, you can book a call at the end of this page.

What this document is

Form SEND35 is the notice of appeal used to ask the First-tier Tribunal to look again at certain decisions made by a local authority in England about special educational needs. The Tribunal is independent of the local authority, and its job is to decide whether the decision under challenge was correct on the evidence.

Appeals commonly cover a refusal to carry out an EHC needs assessment, a refusal to issue an EHC plan after assessment, the description of needs in Section B, the special educational provision set out in Section F, the school or type of school named in Section I, and a decision to cease to maintain a plan. There are strict time limits, generally two months from the local authority's decision letter or one month from a mediation certificate, whichever is later.

The form itself asks for details of the child or young person, the decision being challenged, the grounds for appeal, and the outcome sought. Supporting documents, such as the EHC plan, the decision letter and the mediation certificate, usually need to be sent with it.

How to use this document

  1. Check the decision is appealable. Not every disagreement with a local authority can go to the SEND Tribunal. Make sure the decision you have received falls within the Tribunal's jurisdiction, such as a refusal to assess, a refusal to issue a plan, or the content of specific sections of an existing EHC plan. The decision letter should set out your appeal rights.
  2. Consider mediation first. Before lodging most SEND appeals you must contact a mediation adviser and obtain a mediation certificate, even if you choose not to go through with mediation itself. The certificate confirms you have considered it and is required for the Tribunal to accept your appeal. Keep the certificate safe as you will need to attach it to Form SEND35.
  3. Complete Form SEND35 carefully. Fill in the details of the child or young person, the local authority, and the specific decision you are challenging. Be clear about which parts of the EHC plan you dispute and what you want the Tribunal to order instead. Vague grounds tend to be harder to argue at a hearing, so take time over this section.
  4. Gather supporting evidence. Attach the decision letter, mediation certificate, any final or draft EHC plan, and reports from professionals such as educational psychologists, speech and language therapists, or paediatricians. Evidence that speaks directly to the needs and provision in dispute carries the most weight with the Tribunal.
  5. Submit within the time limit and prepare for directions. Send the completed form and attachments to HM Courts and Tribunals Service by the deadline on your decision letter. Once the appeal is registered, the Tribunal issues case management directions setting out when each side must file evidence, witness details and working documents ahead of the hearing.

Common questions

If you're dealing with this kind of situation, speak to an experienced legal adviser who can walk you through it — from £89.

Common questions

Q Who can lodge an appeal using Form SEND35?
For a child under 16, the appeal is usually brought by a parent or someone with parental responsibility. From the age of 16, a young person can appeal in their own name provided they have mental capacity to do so, which is presumed unless shown otherwise. Where a young person lacks capacity, an alternative person, often a parent, appointee or deputy, can act for them.
Q Is there a deadline for submitting Form SEND35?
Yes. Appeals must normally reach the Tribunal within two months of the local authority's decision letter, or one month from the date of the mediation certificate, whichever is the later date. Late appeals can sometimes be accepted where there is a good reason, but you should not rely on that and should aim to file well before the deadline.
Q Do I need a solicitor to bring a SEND appeal?
No. Many parents and young people run SEND appeals without legal representation, and the Tribunal is used to dealing with unrepresented parties. You can choose to instruct a solicitor, barrister or specialist advocate if you wish, or bring a friend or family member as a supporter. The Tribunal aims to make the process accessible to both sides.
Q What is the difference between an advocate and a representative?
An advocate is someone who speaks on behalf of a young person to convey their views and wishes, such as a parent, friend or paid advocacy worker. A representative is someone who handles the legal side of the appeal, including paperwork and presenting the case at the hearing. One person can sometimes do both, depending on their role and experience.
Q What decisions can the Tribunal make on a SEND appeal?
Depending on what is being appealed, the Tribunal can order the local authority to carry out an EHC needs assessment, issue an EHC plan, amend the description of needs or the provision set out in the plan, change the named school or type of school, or continue to maintain a plan. It cannot generally order health or social care changes, though limited recommendations are possible.
Q Is there a fee to appeal to the SEND Tribunal?
The SEND Tribunal does not currently charge a fee to lodge an appeal, which is different from many other civil court claims. You may still have costs to think about, such as paying for independent expert reports or legal representation if you decide to use one. Check gov.uk for the most up to date position before you submit.
Q What happens after I send in Form SEND35?
The Tribunal registers the appeal, sends a copy to the local authority and issues directions setting out a timetable for evidence, working documents and witness lists. The authority files its response, both sides exchange evidence, and a hearing is listed. Hearings can be in person or remote, and the panel will usually include a judge and specialist members.
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.