For Refusal to Assess appeals, you will need to use a SEND35a. For other appeals, you will need to complete a SEND35 or complete the SEND35 appeal online.

No, you do not have to go to mediation. But for most appeals, you do have to consider it. If you are appealing Section I (Placement) only, then you do not have to consider it at all.

You have the legal right to request mediation if you disagree with certain sections of your Final EHCP, and the LA must arrange if requested. Mediation should take place within 30 days. However, we have heard of times when an informal meeting (often called a ‘Way Forward’ or ‘IPM’ meeting) has been held instead. Whilst these can be helpful, and we would advise having this if offered, as the school is also involved, they are not formal mediation. If you want formal mediation, you can ask Global Mediation to pursue this as well as or instead.

If you have had your appeal registered by the SEND Tribunal, and you need to ‘CC’ the LA into your emails when emailing the Tribunal, please use their email address: sentribunal@westsussex.gov.uk

If you decide you no longer want to appeal, you will need to complete a SEND8 form and send it to the tribunal. You may choose to withdraw your appeal if: The local authority has agreed with your appeal, you have changed your mind, or have reached an agreement with the local authority (perhaps through mediation).

You should cc the legal team at the LA on your email sentribunal@westsussex.gov.uk

Yes, you can – as long as it is before the Final Evidence deadline stated on your key timings table, which you received when your appeal was registered. Do not send evidence bit by bit, but send it all in one go before the deadline. Final Evidence must be sent to the LA for them to include in the Tribunal Bundle. sentribunal@westsussex.gov.uk Do not sent it to the Tribunal (they will see it as part of the bundle). Make sure you keep a record of the evidence you have sent to ensure it is in the Bundle.

Late Evidence:

All evidence received outside the Final Evidence deadline will be returned to the sender. If there is a specific piece of information that you know you will not be able to submit before your deadline, you must submit a deadline extension request using the Request for Changes form (SEND 7).

You will need to have asked permission from the LA to submit late evidence. Any request for a deadline extension must be received by the Tribunal within the original deadline and include the LA’s response to that request. Any request must specify what the evidence is, detail the reasons as to why it should be accepted, and give an indication as to when you are likely to submit it.

When the Tribunal contacts you to say that the appeal has been accepted, you will receive an attachment explaining what you need to do and when, as well as giving you guidance on how to contact them and so on. Whilst all of it is important, you should take particular note of the Key Timing Chart and the deadlines set out in it.

The first date is the LA response date – this will tell you if the LA now agrees with you or not. The other important dates to put in your diary are all those that apply to you… such as Final Evidence, whether any witnesses will be attending, and so on.

If you do not hear from the LA by the deadline in your Key Timings chart, contact the LA as well as the Tribunal and let them know. Don’t forget to use your reference number to do this so that you can see what appeal is being referred to.

If you (and your child or young person) are moving to a different LA during an appeal about an EHCNA or EHCP, you must let the SEND Tribunal immediately. It is better to do this by email.

The SEND Tribunal will then contact the new LA to tell them about the appeal and the new LA may then act in the old LA’s place as if the new LA had made the decision themselves.

In an appeal about the contents of an EHC plan:

• The SEND Tribunal will usually pause the appeal to allow the new LA to follow the normal process when an EHCP is transferred to another LA.  The new LA will have several months at least, to complete a review of the EHC plan. Please note: there may be a long delay to an appeal, if moving to a different LA in during the appeal process.
• If the transfer process is completed and you are still not happy with the plan, the SEND Tribunal should restart the appeal and the new LA decision becomes the one you are appealing against. The old LA will take no further part in the appeal. 
• If the matter is urgent, then you can ask the SEND Tribunal to consider substituting or replacing the new LA without them first reviewing the plan. You will need to explain the reasons why the delay would prejudice your child and would not be in the interests of fairness. 
• In all cases, there will be a new timetable for supplying evidence.

If the appeal is about the previous LA’s refusal to assess or refusal to issue an EHC plan the new LA will replace the old one immediately, unless there are good reasons why it should not take over the appeal. There will be a new timetable for supplying evidence.

If the appeal will be heard at an oral hearing, then this is organised so that parents do not need to have legal representation. The majority of parents attend the Appeal Hearing without additional support, but if you feel that you might need support at the hearing, first talk to the advisor who has been supporting you with your appeal. In discussion with yourself, if the advisor agrees that SENDIAS has the capacity to support you, then this will be confirmed with you (but may be dependent on availability).

Please note: As we are not trained lawyers, SENDIAS Advisers fall under the 11(5) type of representative in Tribunal law known as ‘representative who is not legally trained’. Under this sort of representation, we do not share our own thoughts but are there to ‘hold your hand’ and ensure your voice is heard where appropriate.

Even if we have agreed to support you at a hearing, please leave the Representative and Advocate sections blank on the appeal form (SEND35 or 35a). You will need to complete an attendance form (SEND 11, which will be in your pack) further on in the appeal process, with the adviser’s name, IF it has been agreed and the Advisor has confirmed they are available that day/time.

Most Refusal to Assess appeals are heard ‘on the papers,’ meaning you do not need to attend in person or virtually. This is because the decision can usually be made based on the evidence already received through the paperwork.

However, for other appeals, they will usually be heard in person or via video. You will be asked on the SEND35 form whether you would like this heard ‘on papers’ instead. By agreeing to this, there is an advantage of you not having to speak to the judge, and it also means the decision could be made earlier, as meetings would not need to be rescheduled.

The disadvantage is that if you feel that your paper evidence is not very strong, you might want a chance to explain more in front of the Judge. If this is the case, do not agree to a paper hearing.

Timeframe to complete assessment. If the local authority agrees to change the contents of the EHC Plan and you are satisfied with the outcome, you can withdraw the appeal or ask the Tribunal to order the local authority to change the EHC Plan in the way you have agreed by making a consent order.

If the appeal is about a decision not to carry out an EHC Needs Assessment or re-assessment, not to issue an EHC Plan, not to change the school named in an EHC Plan, (that is over one year old) or to no longer maintain an EHC Plan, and the local authority, does not oppose it, the appeal will automatically come to an end. The local authority will have to do what they have agreed to do within a fixed time limit

• Assessment or Reassessment to be done. The LA must notify parents or YP within 2 weeks of the Tribunal’s order that an assessment or reassessment will be undertaken. They must then notify parents or YP within 10 weeks of the order if an EHCP will be issued, and should issue the EHCP within 14 weeks of the order.
• Make and maintain an EHCP. THe LA must issue the draft within 5 weeks of the order being made and send a copy of the finalised EHCP within 11 weeks of the Order being made
• Amendments to the Provision within EHCP. The LA must issue the amended EHCP within 5 weeks of the order
• Amendment to Placement (section I) – The LA must issue the amended EHCP within 2 weeks of the order
• Cease to maintain. If Tribunal orders the EHCP to be ceased, the LA should do this immediately.

These timelines do not need to be with complied with if it would be impractical to do so because: exceptional personal circumstances affect the child or their parent or the young person during that period of time. The child, parent or young person is absent from the LA area for a continuous period of 2 weeks or more during that time, or information is needed from an educational setting but that is cloised for 4 weeks or more. The Special Educational Needs and Disability Regulations 2014