APPEALING SECTION I OF AN EHCP - SCHOOL PLACEMENT
You have received notice of what your/your child’s educational placement will be, as named in Section I of the EHCP.
Sometimes the Local Authority (LA) might not name your preferred school of choice.
If you are unhappy with the LA’s decision for school placement in your/your child’s EHCP and you appeal, then you will need to follow the correct legal process.
The only reasons the LA can refuse a request for a particular school as set out in section 39(4) CFA 2014, are...
the setting is unsuitable for the age, ability, aptitude, or special educational needs (SEN) of your child or young person.
the attendance of your child or young person would be incompatible with the provision of efficient education for others.
the attendance of your child or young person would be incompatible with the efficient use of resources.
There are no other lawful reasons.
A school being full is not a lawful reason.
If the LA refuses your placement request, they need to prove that at least one of these conditions applies for the refusal to be lawful.
Cases where each of these conditions have been considered can be found on IPSEA’ s case law pages.
Parents or young people have a right to request particular types of settings are named in an EHCP, as set out in section 38(3) of the Children and Families Act (CFA) 2014.
The types of setting you have a right to request are:
- a maintained school or nursery (mainstream or special)
- an Academy (mainstream or special)
- an institution in the Further Education sector
- a non-maintained special school, and
- a section 41 school.
Independent settings are not one of those types of settings.

CHECK SECTIONS B and F OF THE EHCP
An EHCP must fully describe a child / young person’s special educational needs (SEN) and specify the provision (SEP) required to meet the identified needs and outcomes as agreed in the EHCP. This then provides the evidence to which type of education setting / placement is most appropriate for the child / young person.
If sections B and F do not accurately set out your/child’s needs and the provision required to meet those needs, the Tribunal may conclude that the LA’s choice of school is suitable.
Therefore, it is important to ensure that section B and F are specific and quantifiable.
Evidence about the school or other institution
You should include relevant information about the school or institution you want.
This should include:
- Its most recent Ofsted report
- Its prospectus
- Details of the costs of the placement
- Any reports or assessments about the child/ young person which the school or other institution has produced.
- In the case of a school which is wholly independent, you will need to include the consent of the school in order to ask the Tribunal to name it in the EHCP. This should be a letter from the school confirming that they have offered the child/ young person a place.
FILLING OUT THE SEND 35 FORM
The SEND Appeal forms are online PDF’s and unless you have specific software on your laptop, you are unable to save and then return to the form.
We recommend using a separate word document, you can either copy and paste into the boxes on the form, or if there is not enough room (the boxes do not expand) you can type in the boxes, “please see separate sheet” in the boxes and set your reasons out properly in a separate document. send these as attachments with the appeal form.
There is now an online form for all appeals you need all your paperwork ready to upload to be able to go through the form.
YOUR REASONS FOR APPEAL ARE WHERE YOU SET OUT WHY YOU THINK THE LAs DECISION IS WRONG
- Make a note of your appeal deadline as soon as you receive it
- Keep it short and to the point, answers clear, organised, concise, and to the point
- Do not overwhelm the SEND Tribunal with irrelevant evidence and history. If there is a long history of difficulties between you and the LA, let the evidence (for example, letters between you and the LA) speak for itself.
- Back up your points with evidence. Include evidence from professional reports, statements about needs and provision, and the school you want.
- Refer to the legal issues and your own evidence documents for each of your points
- Do not worry if you do not have all your evidence ready to send it with the appeal form. You can continue to submit evidence after your appeal has been registered with the SEND Tribunal
If you can do so, it is best to send in all your written evidence with your appeal form.
That way, you have the main points of your case set out with supporting evidence right from the start, this then allows the LA to respond properly.
There will be a ‘final evidence deadline,’ so if you think you need to send in evidence later in the process, you can tell the SEND Tribunal what you expect to get and when by. Do make sure to submit everything by the deadline you are given.
- Separate your points into paragraphs
- Number your paragraphs or organise them under headings
- Ensure you fill in the form correctly
- Make copies of your bundle and keep the originals for yourself.
WHEN YOU LODGE THE APPEAL, YOU WILL NEED...
- A signed and dated letter from the LA giving you the right of appeal
- Mediation certificate – not required for Section I only appeals
- Completed SEND 35 form, with your reasons for making the appeal
- Final EHCP and all the documents listed in Section K
- Evidence - To support your appeal (you can add to this later up until the Tribunal’s evidence deadline so don’t let this delay submitting your appeal.
- A list of all the documents - All of the documents enclosed with the application (it will be helpful to the Tribunal if you can put your evidence in chronological order and then write out a list explaining what each document is.
EHCP CHECKLIST
Make a note of your appeal deadline.
Signed LA decision letter
Signed mediation certificate
Complete SEND35 appeal form with your reasons
The EHCP and all documents listed in Section K
Evidence to support the appeal
Add a chronological list of all the documents enclosed
Make scans/photocopies of your appeal, keep the originals for your records
Register your appeal: submit a COPY of your appeal to the SEND Tribunal
Submit any further evidence that is relevant up until the evidence deadline
Where to submit your appeal -
Do not send original documents to the Tribunal.
Use photocopies or scanned documents and keep the originals.
Do not send photos of reports as they can easily cause your report to exceed the Tribunal’s 14MB attachment data limit and may not be received
Email send@justice.gov.uk write in the subject line of your email: ‘New Appeal’.
Telephone number to ask questions or to confirm receipt: 0300 303 5857

