FILLING OUT THE SEND 35 FORM (APPEALS FOR REFUSAL TO ISSUE / SECTIONS B, F & I)

COMPLETING THE SEND 35 FORM

Here is the link to the PDF form.  SEND35: Appeal a decision about an EHCP.

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 LA’s 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.

What you will need to submit your appeal

  • A signed and dated letter from the LA giving you the right of appeal to HM Courts & Tribunals Service.
  • Mediation certificate – not required for Section I only appeals
  • Completed SEND 35 form, with your reasons for making the appeal
  • EHCP 
  • A copy of your child / young person’s child’s EHC plan 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. 

you have two months from the date of the final ehcp / las decision letter or one month from the date of the mediation certificate (whichever is the latest) to lodge an appeal with the send tribunal.

EHCP Appeal Checklist

  • Make a note of your appeal deadline.

  • Signed LA decision letter

  • Signed mediation certificate/confirm not necessary

  • illustration-of-law-hammers-vector

    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 bundle, keep the originals for your records

  • Register your appeal: submit a COPY of your bundle 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

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