Do I need a solicitor for SEND Tribunal?

Legal representation is not mandatory at SEND Tribunal. Many families attend without a solicitor, as the Tribunal is designed to be accessible to parents. What is important is structured SEND and EHCP experience aligned with statutory duties under the Children and Families Act 2014.

Can you attend the tribunal hearing with me?

We provide structured advocacy and preparation support. Attendance at the hearing depends on case complexity and availability. Our primary focus is ensuring you are fully prepared and confident in presenting your case.

What if I am appealing Sections B and F?

Appeals relating to Sections B and F focus on whether needs are accurately identified and whether provision is specific and enforceable. Under Section 42 of the Children and Families Act 2014, local authorities must secure the provision specified in Section F.

How long does tribunal preparation take?

Preparation timescales depend on hearing dates and tribunal directions. Early instruction allows for detailed evidence review and structured appeal preparation.

What if I am already mid-appeal?

We can step in at various stages of the appeal process to review documentation, identify evidential gaps and strengthen written submissions before hearing.

What is a SEND35 form?

SEND35 is the appeal form used to challenge a local authority’s refusal to issue an EHCP after assessment. It is submitted to the First-tier Tribunal (Special Educational Needs and Disability).

Do I need mediation before submitting SEND35?

Before submitting a SEND35 appeal, parents must obtain a mediation certificate. This confirms mediation has been considered, even if you choose not to attend.

What does necessary mean under Section 37?

Under Section 37 of the Children and Families Act 2014, a local authority must issue an EHCP if it is necessary for provision to be made through a legally enforceable plan rather than through SEN Support alone.

Can I submit additional evidence with SEND35?

Yes. Independent professional evidence can strengthen a refusal to issue appeal by demonstrating that SEN Support is insufficient to meet the child’s needs.

Refusal to Issue EHCP Appeal Support (SEND35)

Received a refusal to issue an EHCP?

You now have 2 months to appeal.

If the local authority has assessed your child but decided not to issue an Education, Health and Care Plan, you have the right to challenge that decision.

This appeal is made using the SEND35 form.

Acting early matters.

Understanding a Refusal to Issue

After carrying out an EHC needs assessment, a local authority must decide whether it is necessary to issue an Education, Health and Care Plan.

What is The SEND35?

After carrying out an EHC needs assessment, a local authority must decide whether it is necessary to issue an Education, Health and Care Plan.

Under Section 37 of the Children and Families Act 2014, the authority must issue a plan if:

It is necessary for special educational provision to be made through an EHCP.

If they decide not to issue, they will send a formal decision letter.

This triggers your right of appeal to the First-tier Tribunal (Special Educational Needs and Disability).

You normally have:

2 months from the decision letter
or
1 month from mediation certificate

To submit your SEND35 appeal.

Why Refusal to Issue Decisions Often Fall Short

Common issues include:

The authority concluding needs can be met through SEN Support without sufficient evidence.

Over-reliance on school reports without independent input.

Failure to properly consider professional evidence.

Misapplication of the “necessary” test under Section 37.

Assuming provision can be delivered without the legal protection of Section F.

Once accepted without challenge, your child may remain on SEN Support with no legally enforceable provision.

What a Strong SEND35 Appeal Focuses On

A refusal to issue appeal is not about emotion.

It is about demonstrating why an EHCP is necessary.

A strong appeal will show:

The child’s needs are significant and long-term.

Provision required is beyond what SEN Support can deliver.

Support must be specified and legally enforceable.

There is evidence that current arrangements are insufficient.

The key legal question is:

Is it necessary for provision to be secured through an EHCP?

The Tribunal will examine whether the Section 37 threshold is met.

How Little Nellies Supports You at This Stage

We provide structured SEND35 appeal preparation support.

This may include:

Reviewing the refusal letter and assessment reports.

Identifying weaknesses in the authority’s reasoning.

Mapping evidence against the Section 37 legal test.

Supporting completion of the SEND35 form.

Drafting structured written submissions.

Preparing you for the next stage if Tribunal proceeds.

Our approach is calm and legally aligned.

The aim is not escalation — it is demonstrating necessity clearly.

Support is fixed-fee and stage-specific.

We work with families across England.

What Happens Next?

If the appeal is successful, the Tribunal will order the local authority to issue an EHCP.

The authority must then produce a draft plan.

At that stage you may need:

→ Draft EHCP Review Support

If the appeal progresses to hearing:

→ SEND Tribunal Preparation Support

You can read the full process in our:

→ EHCP Guide

SEND Child with mother duscussing EHCP issue refusal SEND35

Frequently Asked Questions

SEND35 is the appeal form used to challenge a local authority’s refusal to issue an EHCP after assessment. It is submitted to the First-tier Tribunal (Special Educational Needs and Disability).
Yes. Before appealing, you must obtain a mediation certificate unless you are appealing placement only. This does not mean you must attend mediation — only that you have considered it.
The Tribunal considers whether the child’s needs require provision that must be specified and secured through an EHCP. If SEN Support is insufficient to meet needs effectively, an EHCP may be necessary.
Yes. Independent professional evidence can significantly strengthen a refusal to issue appeal.

You Have a Right to Challenge Refusal

A refusal to issue does not mean your child does not have needs.

It means the authority believes an EHCP is not necessary.

If you believe that decision is wrong, structured SEND35 preparation can make the difference.

Start SEND35 Appeal Support

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.