EHCP Appeal Preparation & Submission
Mediation Didn’t Resolve It? Now It Becomes Procedural.
If mediation has been unsuccessful and you are proceeding to the SEND Tribunal, your appeal must now be formally lodged.
Deadlines are strict.
Grounds must be precise.
Sections must be clearly challenged.
This service prepares and submits your EHCP appeal properly - so your case starts on strong procedural footing.
Understanding the EHCP Appeal Stage
Once mediation has concluded and you decide to proceed, your appeal must be formally lodged with the SEND Tribunal.
This is done using the SEND35 form (or SEND35a where applicable).
What Happens After Your Appeal Is Submitted?
Once your appeal is registered, the Tribunal issues formal directions setting out the timetable for the case.
These typically include:
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The Local Authority’s response deadline
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Evidence submission dates
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Working document requirements
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Case Review Form submission
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Bundle preparation before hearing
Missing deadlines or drafting loosely can weaken an otherwise strong case.
Most EHCP appeals take approximately 20–30 weeks from registration to hearing.
Many resolve earlier when the appeal is properly structured from the beginning.
What This Service Includes
This service focuses on preparing and submitting your appeal properly and strategically.
It includes:
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Reviewing the Local Authority decision letter
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Confirming mediation requirements have been met
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Identifying and defining appeal grounds (Sections B, F and/or I)
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Drafting clear, legally grounded grounds of appeal
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Structuring proposed amendments to the EHCP
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Mapping evidence to statutory duties
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Organising supporting documentation
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Completing and submitting the SEND35 form
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Ensuring your appeal is registered correctly and within deadline
By the time your appeal is accepted by the Tribunal, your case is structured, compliant and procedurally sound.
Why This Stage Often Goes Wrong
Appeals are not lost because a child lacks need.
They are often weakened because:
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Grounds are drafted too broadly
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Provision is not clearly quantified
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Evidence is submitted without linking it to legal tests
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Sections being challenged are not clearly identified
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Deadlines are misunderstood
The Tribunal decides on law, clarity and structure - not frustration.
Starting the appeal properly matters.
Representation at Hearing
This service covers the preparation and submission of your appeal.
If the case proceeds to final hearing,
representation can be arranged separately.
→ Learn More About Tribunal Representation
We structure appeals in stages because many cases resolve during the working document process.
You only pay for the stage your case reaches.
Preparation protects your case.
Representation protects your position.
Representation at Hearing
This service covers the preparation and submission of your appeal.
If the case proceeds to final hearing, representation can be arranged separately.
We structure appeals in stages because many cases resolve during the working document process.
You only pay for the stage your case reaches.
Preparation protects your case.
Representation protects your position.
The Legal Framework Behind EHCP Appeals
EHCP appeals are governed by:
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The Children and Families Act 2014
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The SEND Regulations 2014
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The SEND Code of Practice
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The Tribunal Procedure (First-tier Tribunal) Rules
Appeals are not informal complaints.
They are legal challenges to statutory decisions.
Grounds must be aligned with specific sections of the plan and framed against statutory duties.
That is why structure at submission stage matters.
Frequently Asked Questions
In most cases, yes — unless you obtain a mediation exemption certificate. We advise immediately based on your decision letter.
SEND35a is typically used for refusal to assess. SEND35 is used for refusal to issue, refusal to maintain, or disputes about EHCP content. We complete and submit the correct form for you.
Most appeals take around 20–30 weeks from registration to final hearing. Some resolve earlier if the Local Authority concedes after reviewing structured evidence.
Formal representation at the Tribunal hearing is provided under our Tribunal Representation Support service.
This service focuses on preparing and submitting your appeal and ensuring it is hearing-ready.
Deadlines Are Strict. Structure Matters.
Why Families Trust Little Nellies
Focused exclusively on SEND advocacy - structured, strategic and aligned with statutory law.
Facts & Figures
Specialist EHCP Focus
We work exclusively in EHCP and SEND advocacy. This isn’t a side service — it’s our core focus.
Legally Grounded Approach
Our work aligns with the Children and Families Act 2014 and the SEND Code of Practice. We structure cases around statutory duties, not opinion.
Stage-Specific, Fixed-Fee Support
Clear pricing. Clear scope. No open-ended billing.
Calm, Structured Advocacy
We reduce overwhelm by bringing clarity, evidence strategy and procedural confidence to every stage.