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 can also appeal if you’re in custody (in prison or a young offender institution, for example) if you’re over school leaving age but under 18.
You cannot appeal if you’re studying at university, or trying to get into one.
If you cannot appeal, a parent may be able to appeal on your behalf instead.
How to appeal
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 (form SEND28)
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.
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