Appeal an education, health and care (EHC) plan decision
Appeal as a young person
You must be over school leaving age but under 25. You must also be either:
- in education, for example at a school or college - or trying to get into one
- taking part in an apprenticeship, internship or workplace scheme - or trying to get into one
You cannot appeal if you’re studying at university, or trying to get into one.
The tribunal must receive your appeal within 2 months of the date on the local authority’s decision letter or a month from the date of the mediation certificate - whichever is later.
If you cannot appeal, a parent may be able to appeal on your behalf instead.
Appeal online
You cannot appeal online if you’re in custody or your local authority has not carried out an an EHC assessment. You can appeal by post or email.
Appeal by post or email
Download and fill in form SEND35.
There’s a different form if:
- you’re appealing a local authority’s decision not to carry out an EHC assessment (form SEND35A)
- you’re in custody and you’re under school leaving age or you’re over school leaving age but under 18
What happens after you appeal
The tribunal will review your appeal and respond to you within 25 working days.
When they respond, they’ll tell you:
-
if there will be a hearing
-
more details about the hearing, if you’ll have one
-
the deadline for sending in more information about your appeal
The tribunal will send your appeal to the local authority who will have 30 working days to respond to you.
Change or withdraw your appeal
You can change or withdraw your appeal before the hearing. Download and fill in:
- form SEND7 to change your appeal, for example ask for a different hearing date or add more witnesses
- form SEND8 to withdraw your appeal