EHC plan appeals in England: choose the right route and build your case

Step by step

1. Start with the result you need, not the name of the problem

   Write one sentence describing the outcome needed: an EHC needs assessment, a plan, corrected needs in Section B, specific provision in Section F, a suitable placement in Section I, continuation of the plan, or health and social care recommendations alongside an education appeal. This keeps letters, evidence and negotiations focused on a remedy the Tribunal can consider.

2. Choose the correct route before spending time on evidence

   Use the SEND Tribunal for a refusal to assess or reassess, refusal to issue a plan, a final or amended plan whose Sections B, F or I are wrong, a refusal to amend after review, or a decision to cease the plan. If clear Section F provision already exists but is not delivered, raise non-delivery with the local authority and choose complaint or urgent public-law advice according to urgency. If a child is without suitable education, also raise the separate Education Act 1996 section 19 duty. School disability discrimination, transport, exclusions and ordinary service complaints use separate routes and deadlines.

3. Get a formal written decision with appeal rights

   Ask for the dated decision letter or final EHC plan and the reasons, mediation details and appeal information. A discussion, email saying what a panel thought, draft plan or panel minute may not be the formal appealable decision. Keep the envelope or email and the complete plan because the date controls the deadline.

4. Protect the deadline even while people are talking

   The usual deadline is two months from the date on the local authority decision letter, or one month from the mediation certificate, whichever is later. Holiday-period rules and late-appeal discretion can affect individual cases, so check the current form and seek advice. Do not let informal negotiation, a promised meeting or an annual review make the deadline pass: lodge the appeal in time if the issue is not formally resolved. After a call or meeting, send a short dated email recording what was discussed, what was agreed, who will act and by when.

5. Use the correct current form or online service

   Use SEND35A for a refusal to secure an EHC needs assessment. Use SEND35 for the other EHC plan appeals covered by that form, including contents, placement, refusal to issue, refusal to reassess and ceasing a plan. Use the stable GOV.UK form pages rather than an old saved PDF because forms and accessible support routes change.

6. Contact the mediation adviser, but decide strategically

   Mediation advice is required before most appeals. It is not normally required for an appeal only about Section I placement. You may choose mediation, obtain a certificate without mediating where permitted, or continue an appeal after unsuccessful mediation. Mediation can solve issues, but it must not be used to delay the deadline or replace a clear written agreement, amended plan or consent order.

7. Build a need-to-provision evidence table

   For every disputed point record: the need and its day-to-day impact; the current evidence and page number; the provision reasonably required; frequency, duration, group size, staff expertise and review arrangements; and why this affects placement. Add a one-page chronology, an indexed evidence list and short concrete examples from home, education and the child or young person's own account. A diagnosis or a description that support would be beneficial is rarely enough on its own. Ask professionals to state what provision is required, not only what the child finds difficult.

8. Make Sections B and F match

   Every special educational need in Section B should have provision in Section F. Section F should be detailed, specific and normally quantified rather than using phrases such as access to, regular, opportunities for or as required. If placement is disputed, show which Section F provision each proposed setting can actually deliver.

9. For placement, test suitability before cost

   Set out the child's needs, the provision each placement can deliver, peer group, curriculum, staffing, environment, travel and any incompatibility evidence. Ask each proposed setting for a written response mapped against the disputed Section F provision rather than relying only on a general statement that it can or cannot meet need. The legal tests in section 39 of the Children and Families Act apply to parental or young-person preference. Cost comparison is relevant only between options that can meet need; a cheaper unsuitable placement is not an answer.

10. State each disagreement and the exact change wanted

    For each issue write: what the decision or plan currently says; why it is wrong; the evidence relied on; and the exact wording, provision or placement requested. Number the issues. This remedy-first structure follows the current SEND35 approach and is easier for the local authority and Tribunal to answer than a long history without requested changes.

11. Use a working document or detailed list of issues

    For a contents appeal, ask for an editable copy of the plan and use the Tribunal working-document approach or an equally clear numbered list. Use exact report wording and page references, mark agreed, disputed and proposed wording, and keep a dated version history. Do not rely on colour alone because documents may be printed in monochrome; ask for an accessible list-of-issues format if the working document is hard to use. Keep every live issue visible in the appeal papers and case-review form. Do not withdraw only because someone promises a later change; seek the amended plan, formal agreement or consent order that secures it.

12. Keep evidence current, relevant and accessible

    Follow the Tribunal's directions and submit relevant evidence once, in readable form, before the stated deadline; more pages are not automatically a stronger case, and late evidence may not be accepted. Useful evidence may include professional reports, school records, provision logs, attendance and progress information, the child or young person's views, and a short chronology. When the local authority sends its response, answer each disputed point and send the reply to both the authority and Tribunal as directed. Explain contradictions directly. Ask for interpreters, reasonable adjustments, accessible documents or an intermediary early if needed.

13. Use health and social care recommendations where they help

    When an education appeal is valid, you can usually ask the Tribunal to make recommendations about Sections C and G and Sections D, H1 and H2. These recommendations are not the same as binding education orders, but the responsible bodies must respond under the extended-appeal arrangements. Keep education, health and social care evidence separated so the requested action is clear.

14. Protect provision while the appeal is pending

    The existing final EHC plan remains the operative plan until it is lawfully changed, and annual reviews should continue. Record missing Section F provision and tell the local authority promptly. If the child is not receiving suitable education, raise the separate section 19 issue rather than waiting for the contents appeal to solve every immediate problem. Ask the Tribunal about case-management directions or priority where delay creates serious educational harm, while recognising that priority is not guaranteed.

15. At the hearing, answer the legal issues calmly

    Parents and young people can represent themselves and do not have to instruct a lawyer. Use the numbered issues and evidence table to explain what is needed and why. The hearing is not a test of parenting or professional vocabulary. Ask the judge when a question is unclear, and keep returning to needs, evidence, specific provision and the order requested.

16. After the decision, check the document and the delivery

    Compare the amended EHC plan line by line with the Tribunal order. IPSEA explains that education changes to Sections B, F and I should normally be made within five weeks, while a Section I-only change should normally be made within two weeks; health and social care bodies should respond to recommendations within five weeks. If the order or Section F provision is not implemented, use the correct enforcement, complaint or urgent legal route rather than starting the same merits appeal again.

17. Get independent help without giving away control

    Your local SENDIASS or IASS, IPSEA, Contact and SOS!SEN can provide independent information or support. Parent carer forums and parent-led groups can add local lived experience, practical organisation tips and shared patterns, but a forum normally represents families collectively rather than advocating an individual case. Cross-check legal claims against current primary or specialist sources. Civil Legal Advice can check legal-aid eligibility for special educational needs or discrimination matters. A representative is optional: whether supported or self-representing, keep your own deadline list, evidence index, requested wording and record of agreements.

18. Treat this as guidance, not advice on an individual case

    SEND law is fact-specific and deadlines are strict. Check the current decision letter, GOV.UK forms and Tribunal directions. Seek specialist advice promptly where a deadline is close, a child has no suitable education, essential provision is missing, safeguarding risk is present, or judicial review may be needed.