That’s short, accurate and parent-friendly. I wouldn’t put “Torbay” in the title. We can include Torbay-specific mediation contact details further down the page once we’ve checked they’re still current.

I’ve checked the current GOV.UK Tribunal guidance, including the appeal forms updated in 2026, and there are several parts of the existing page I’d change. 

The current page gets the broad principles right, but I’d correct these points:

• “SENDIST” is outdated terminology. Use First-tier Tribunal (Special Educational Needs and Disability) or SEND Tribunal.

• It misses refusal to reassess and some appeal rights following review/reassessment.

• “Refusal to assess appeals are usually papers only” is something I’d remove. Tribunal procedure shouldn’t be presented that simply.

• The mediation wording needs care. You generally have to consider mediation/contact a mediation adviser, but you don’t have to actually take part in mediation before appealing. 

• The Section I exception is broader than simply “placement-only”. It covers an appeal solely about the school, college or other institution named, the type specified, or no institution being named. 

• I would remove the Judicial Review paragraph from this basic page. That’s a separate legal remedy and could easily send parents down the wrong route. SENDIASS can explain options individually where a decision isn’t appealable.

• The current resources have broken # links and the SEND35 link only goes to the GOV.UK homepage. Those definitely need replacing.

• The appeal deadline information is broadly right: generally two months from the date of the decision letter or one month from the mediation certificate, whichever is later. 

I’d make this page slightly more detailed than the EHCP page because this is where parents will actually come when they’ve received a decision they disagree with.

I suggest this structure:

EHC Plan Appeals and Mediation

If you disagree with certain decisions made by the local authority about an EHC needs assessment or Education, Health and Care Plan (EHCP), you may have a right of appeal to the First-tier Tribunal (Special Educational Needs and Disability), usually called the SEND Tribunal.

The SEND Tribunal is independent of the local authority. There is no fee for making a SEND appeal.

What decisions can you appeal?

Depending on the decision made, you may be able to appeal if the local authority:

• refuses to carry out an EHC needs assessment

• refuses to carry out an EHC needs reassessment

• refuses to issue an EHCP following an assessment or reassessment

• issues an EHCP but you disagree with the description of special educational needs in Section B

• issues an EHCP but you disagree with the special educational provision in Section F

• issues an EHCP but you disagree with the school, college or other institution named in Section I, the type of setting specified, or no setting being named

• refuses to amend certain sections of an EHCP following a review or reassessment

• decides to cease an EHCP.

Your decision letter should tell you if you have a right of appeal and explain the next steps. 

Who has the right of appeal?

For a child under compulsory school age, the appeal right usually belongs to their parent or person with parental responsibility.

After compulsory school age, appeal rights generally transfer to the young person, subject to the relevant rules about mental capacity.

SENDIASS Torbay can explain whose appeal right applies in your circumstances.

Mediation

In most EHC appeals, you must contact a mediation adviser before registering your appeal.

The mediation adviser will explain mediation and give you information about the process.

You don’t have to take part in mediation. If you decide not to mediate, the mediation adviser can issue a mediation certificate so that you can proceed with your appeal.

If you choose to take part in mediation but the disagreement isn’t resolved, you will also receive a mediation certificate afterwards. 

When don’t you need a mediation certificate?

You don’t have to contact a mediation adviser before appealing if your appeal is only about Section I of the EHCP. This includes the school, college or other institution named, the type of institution specified, or no institution being named.

If you’re also appealing Sections B or F, the mediation requirements will apply. 

Appeal deadlines

The SEND Tribunal must usually receive your appeal within:

• two months from the date of the local authority’s decision letter, or

• one month from the date of your mediation certificate,

whichever date is later.

Don’t assume that discussions with the local authority will stop or extend the appeal deadline.

If you think your appeal may be late, you can still ask the Tribunal to accept it. You will need to explain why it wasn’t made within the normal time limit. The Tribunal will decide if the late appeal can be accepted. 

Health and social care recommendations

If you have an appeal about the educational parts of an EHCP, you can also ask the SEND Tribunal to consider the health and/or social care needs and provision within the plan.

The Tribunal can make recommendations about these parts of the EHCP. These recommendations aren’t legally binding in the same way as its decisions about the educational sections, but the responsible bodies are expected to consider them.

Making an appeal

You can make some SEND appeals online or use the relevant Tribunal form.

For a refusal to carry out an EHC needs assessment, the relevant form is SEND35A. 

For other EHC plan appeals, the relevant form is generally SEND35. 

Appeal an EHC plan decision – GOV.UK⁠

SEND35 – EHC plan appeal form and online appeal⁠

SEND35A – refusal to assess appeal⁠

How SENDIASS Torbay can help

SENDIASS Torbay can provide free, confidential and impartial information, advice and support if you’re considering mediation or an appeal. Our role is to give you information, advice and support so you can make your own informed decisions about your case.