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Appealing a Local Authority's decision about an EHC Plan

This page will explain how to complete the form to appeal a local authority's decision about a child or young persons Education, Health and Care Plan (EHCP), including the decision not to issue one following a EHC needs assessment.

The decision letter from the local authority will explain your right to mediation and appeal. 

Firstly, it's important to fully understand why the local authority reached this decision. It's always a good idea to continue talking to the local authority about your concerns or any questions you have. These conversations will help you decide whether to appeal and should you decide to, may assist you with your appeal.

Before appealing you must firstly consider mediation, unless you appeal concerns only section I of an EHCP. This can be useful for example, where you have some additional information or a new report you would like to share with the local authority. It is possible that with new information the local authority will agree to reconsider their decision and may avoid the need to appeal. If you are only appealing section I (named school or type of school) although a Mediation Certificate is not required to lodge an appeal, you can still enter into Mediation if you wish.

How to complete a SEND35 Form to appeal a local authority’s decision about an EHCP for a child or young person

SENDIASS Suffolk has produced helpful videos that talk through how to complete the different sections of a SEND35 appeal form. Each video walks you through how to complete individual sections, allowing you just to watch the video that relates to the section you want help with.

This form can be used to appeal a local authority’s decision about a child or young person. It can be used by parents, those with parental responsibility, or by a young person aged 16 to 24. (Not for a refusal to assess appeal).