Tribunal Appeal Registration

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SEND TRIBUNAL APPEAL — KEY INFORMATION

This is guidance only. Register your appeal using HMCTS form SEND35
(the tribunal's official notice-of-appeal form) at:
https://www.gov.uk/courts-tribunals/first-tier-tribunal-special-educational-needs-and-disability

WHAT YOU CAN APPEAL (Section 51, Children and Families Act 2014):
  - A refusal to assess (s.51(2)(a))
  - A refusal to issue an EHC plan after assessment (s.51(2)(b))
  - The content of Sections B, F, and I of an EHC plan (s.51(2)(c))
  - A refusal to amend after annual review (s.51(2)(d))
  - A decision to cease the EHC plan (s.51(2)(e))

DEADLINE: 2 months from the date of the decision being appealed, OR
1 month from the date of the mediation certificate, whichever is
later. Tribunal deadlines run on calendar days, not working days —
so a "2 month" deadline that starts on 5 March expires on 5 May,
including weekends and bank holidays. The internal LA deadlines you
may be familiar with (e.g. 20 weeks for issue of a final plan) run
on working days; do not confuse the two.

MEDIATION (s.55, Children and Families Act 2014):
  - For most appeals you must contact a mediation adviser before
    registering and obtain a mediation certificate. Mediation itself
    is optional; the certificate is not.
  - For appeals only about the school named in Section I, mediation
    is offered but a certificate is not required.
  - Always verify the current rules before relying on the certificate
    rule for your appeal type.

EVIDENCE BUNDLE TIMELINE:
  - Once registered, the tribunal sets case-management directions.
  - In a typical case parents' written evidence (witness statements,
    professional reports, school records, the working document and
    your "appeal bundle") is due roughly 6 weeks before the hearing.
  - Final hearing bundles are usually filed 2 weeks before the hearing.
  - Aim to have your evidence bundle ready well in advance — late
    evidence can be excluded.

YOUR CASE STATEMENT SHOULD INCLUDE:
  1. The decision you are appealing and the date of that decision
  2. What outcome you want (e.g. "assessment to be carried out" or
     "Section F to be amended to include 3 hours of speech therapy")
  3. Your reasons for disagreeing with the LA's decision
  4. Supporting evidence (professional reports, school records, etc.)

CHILD AND APPEAL DETAILS:
  Child's name: {child_name}
  Decision being appealed: {decision_type}
  Date of decision: {decision_date}
  Mediation certificate date: {mediation_date}

FREE SUPPORT:
  - IPSEA: https://www.ipsea.org.uk/
  - SOS!SEN: https://www.sossen.org.uk/
  - Your local SENDIASS