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Appeal Preparation & Submission Support

Structured EHCP Appeal Support (SEND35 & SEND35a)

When a Local Authority refuses to assess, refuses to issue, or issues an EHCP that doesn’t reflect your child’s needs - you have the right to challenge it.

But appeals are procedural.
Deadlines are strict.


And the paperwork must be precise.

This stage isn’t about emotion.

It’s about structure.

Understanding the EHCP Appeal Preparation And Submission

Appeals are governed by strict legal rules and Tribunal directions. Missing deadlines or drafting loosely can weaken an otherwise strong case.

What Is an EHCP Appeal?

An EHCP appeal is made to the SEND Tribunal.

Common appeal types include:

  • Refusal to assess (SEND35a)

  • Refusal to issue an EHCP (SEND35)

  • Refusal to maintain or cease an EHCP

  • Disagreement with Section B (needs)

  • Disagreement with Section F (provision)

  • Disagreement with Section I (placement)

In most cases, mediation must be considered before an appeal can be lodged.

Once registered, the Tribunal sets a timetable with strict compliance dates for:

  • Local Authority response

  • Final evidence submission

  • Case Review Form

  • Bundle production

  • Final hearing

 

Most appeals take approximately 20–30 weeks from registration to hearing.

Many resolve earlier when evidence is properly structured.

What This Stage Often Gets Wrong

Appeals frequently fail not because the child lacks need - but because the case is poorly structured.

Common issues include:

  • Grounds of appeal drafted too broadly

  • Provision not quantified

  • Evidence submitted without analysis

  • Working document not used strategically

  • Deadlines missed

  • Emotional argument replacing functional evidence

 

The Tribunal does not decide on frustration.

It decides on law, structure and clarity.

What Strong Appeals Include

A strong appeal includes:

  • Clearly drafted grounds referencing statutory duties

  • Precise amendments to Sections B, F and/or I

  • Evidence that is cross-referenced and functional

  • A structured working document

  • Strategic use of Tribunal deadlines

  • Clear linkage between need and provision

 

The goal is not to escalate conflict.

It is to present a legally grounded challenge to the decision made.

How Little Nellies Supports You at This Stage

Our Appeal Preparation & Submission Support includes:

  • Reviewing the Local Authority decision letter

  • Confirming mediation requirements or exemption

  • Completing and submitting the SEND35 or SEND35a form on your behalf

  • Drafting structured grounds of appeal

  • Submitting supporting documentation

  • Tracking Tribunal directions and deadlines

  • Reviewing the Local Authority response

  • Building and managing the working document

  • Drafting enforceable amendments to Sections B, F and I

  • Preparing the Case Review Form

  • Ensuring compliance before the bundle deadline

 

You are not left to manage the process alone.

Support is fixed-fee and stage-specific.

For complex cases requiring deeper evidence restructuring, this service can be combined with our


→ One-Stop Evidence Pack

We work with families across England

What Happens Next?

Once the appeal is registered:

The Local Authority must submit its response.


Tribunal deadlines are issued.
Evidence is exchanged.


The working document process begins.

Many cases resolve during this stage when provision is clarified and properly specified.

If the matter proceeds to final hearing, you may choose to represent yourself - or you can instruct us to formally represent you at tribunal.

 

You can read more about our full hearing representation service here:


→ Tribunal Representation Support

Preparation protects your case.

Representation protects your position.

Neuro-divergence and EHCP FAQs

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.

  • Yes. Formal representation (including SEND7 submission and correspondence handling) can be added if required.

Ready to Challenge This Properly?

Appeals are procedural.

Deadlines are strict.

Wording matters.

If you want your appeal structured, legally aligned and strategically prepared, we can support you.

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.

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