EHCP Appeal Deadlines: How Long Do You Have to Appeal?

If a local authority has refused to assess your child, refused to issue an EHCP, or issued a plan you disagree with, you have a limited window to appeal. Missing it can mean starting the process again from scratch. Here is exactly where you stand.

How long do I have to appeal an EHCP decision?

Two months from the date on the local authority's decision letter, or one month from the date of your mediation certificate, whichever is later. This applies whether the authority has refused to assess, refused to issue a plan, or issued a plan whose contents you disagree with.

Do I have to try mediation first?

In most cases, yes, you must contact a mediation adviser and obtain a mediation certificate before you can register an appeal. Actually attending mediation is optional; obtaining the certificate, or formally considering it, is not. The one exception: if your appeal is only about the school or institution named in the plan, you can go straight to the Tribunal without a mediation certificate.

What can I actually appeal?

• A decision not to carry out an EHC needs assessment
• A decision not to issue an EHCP following assessment
• The description of your child's needs (Section B)
• The special educational provision specified (Section F)
• The school or placement named (Section I)
• A decision to cease (stop) an existing EHCP

What if I've already missed the deadline?

A late appeal may still be possible, but it is not automatic. You must apply to the Tribunal for an extension and explain why the appeal is late, why it is likely to succeed, and why the local authority can still engage fairly despite the delay. The safer course is always to act within the original deadline.

Does it cost anything to appeal?

No. There is no fee to bring an appeal to the SEND Tribunal.

Get advice on your deadline

If you are unsure how much time you have left, or want your appeal reviewed before you submit it, I offer fixed fee options and answer enquiries directly, no call centre, no junior handler passing your case around.

Message me on WhatsApp or call 07513 915226.

This page is general information, not legal advice on your specific circumstances.