Help with completing the appeal forms

SEND 35 appeal form - webinar on how to complete

SEND 35 appeal form - guidance on how to complete

Here you will find page by page guidance on how to complete the SEND 35 appeal form.

Page 1

This gives you useful information regarding the Tribunal process and how to complete the form. Do read it carefully. The whole form must be completed in BLOCK CAPITALS unless it tells you otherwise or if you are completing the form electronically. Some boxes will automatically type in Capitals. Remember to save it first if you do it online

Page 2

Section 1: Who the appeal is about?

Please complete child/young person's details (who the appeal is for).

Section 2: What are you appealing about?

You need to tick the relevant boxes you are appealing against, tick all that apply.

Page 3

  • If you are appealing against Section I of the EHCP provide the full name and full address of the school/college/ institution that you are asking the Tribunal to name instead. If you want to add a second School or type of School you can also do that.
  • Then confirm you have contacted the school/college/institution about a place at the school/college/institution, the date you contacted them and any response. It is best to contact the school in writing (via email).
  • If you are appealing for an independent placement you can only appeal if you have confirmed with that school/college/institution in writing that they can meet needs and have a place available.
  • If you cannot name a school at this stage, you need to state briefly a type of school/college/institution you would prefer, for example, a school that can meet the child's specific speech and language needs; a school that can meet the child's social, emotional and mental health needs or a school with small class sizes. You can refer to the EHCP and any reports to support your preference.
  • If you are asking Tribunal to make any recommendations for health or social care then please tick the appropriate boxes.

Page 4

Section 3: Reasons for appeal

Box 1: I am bringing the appeal because

All parents/young people should complete this box.

Example:

  • Refusal to Issue:
    This is an appeal against Surrey LA's decision to refuse to issue an EHCP for [child's name]
  • Content or Placement Appeals (Section B, F and /or I)

This is an appeal against sections B, F and/or I of an EHCP issued by Surrey LA in respect of [child's name].

Box 2: I disagree with the description of special educational needs (Section of the EHCP) because:

If you are wishing to request any changes to section B of the EHCP this is where you would list them. This may have to be a separate sheet. You could also state that a list of changes will follow.

Box 3: I disagree with the specification of special educational provision (Section F of the EHCP) because:

If you are wishing to request any changes to section F of the EHCP this is where you would list them.

You may need to make a general comment about why F is not a true reflection of your child. It maybe because Section F is not specific and quantified (not detailed). There maybe words such as 'would benefit from', 'access to', 'regular', 'may like to
consider'.

If you are unable to say what the details of support needed are as independent reports are needed then say so. You can also ask for reassessment at this point.

Box 4: The LA have not considered.

If you believe the LA should have considered other facts about your child's case when they made their decision, for example, if you feel the LA didn't take into account a specific report or sections of a report, your child has been out of school or medical needs for example.

Box 5: I disagree with the LA's choice of school/college/institution (Section I of the EHCP) because:

If you think the named school cannot meet needs or is the wrong type of school for your child, then this is your opportunity to say the reasons why you believe the school cannot meet the child's needs/young person's needs. You might wish to look and highlight anything in the EHCP you might feel the named school cannot provide.

Some examples could be:

  • School is too big
  • Unsuitable environment, why?
  • Lack of specialist staff
  • Lack of suitable peer group (too many girls than boys)
  • Lack of specialist facilities
  • Your child won't cope there, why?
  • Is the school capable of delivering everything in Section F?
  • Is it the right type of school (for example ASD, LAN, SEMH)?
  • The school is too distant from your home, state the miles and how long it
    would take
  • What subjects and examinations are offered?

Box 6: I prefer my choice of school/college/institution (Section I of the EHCP) because:

This is an opportunity to say the reasons why you would like your preferred school to be named on the plan. You might wish to highlight anything in the EHCP that supports your preference.

You could include:

  • If you haven't yet identified a school say so and say that for the moment you are asking the tribunal to name a type of school, for example, mainstream. You will have to amend the grounds of appeal as soon as you have a School to name
  • Explain why and how your school of choice can meet your child's needs
  • How the school can deliver everything in Section F
  • Suitable environment
  • Specialist staff (for example SALT, OT, EP on site?)
  • Suitable peer group
  • It is the right type of school (for example ASD, LAN, SEMH)
  • What subjects and examinations are offered?

If you are wanting to include a second school or a type of School as a second choice, then name that school in this box and include the full address.

Education Other Than At School (EOTAS)

If you want education other than at school, Section I should be left blank but all of the provision should be specified and quantified in Section F. Section I should be blank because you are in effect saying that no school is appropriate.

See our information sheet on EOTAS.

Page 5

Note: The 'reasons for appeal' boxes on the form are quite small, and it's likely you will need to use an additional sheet of paper. Make this clear on the form and ensure you have your child's name, date of birth are on the additional pages and number them.

Section 4: Reasons for asking for a recommendation for Health and/or Social Care

Box 1: I disagree with the health care needs and health provision (Section C and G if concerning an EHCP) because:

Write the reasons you are not happy with what Section C and G says about your child/young person.

Box 2: I want the Tribunal to make a recommendation about the health care needs and health provision (Section C and G if concerning an EHCP) follows:

Write any recommendations you would like to see about the health care needs (Section C) and the health provision (section G).

Box 3: I disagree with the social care needs and social care provision (Section D and H if concerning an EHC plan) because:

Write the reasons you are not happy with what Section D and H says about your child/young person.

Under Section D on the EHCP it may state 'No' there will be no social care reports. If you feel it is important that there is a social care report maybe because there is active social care involvement or you feel that there should be, you have the right to ask that there is a Care Assessment carried out under Section 17 of the Children Act 1989. If you have requested the LA carries out an assessment then state this and say you will expect the outcome to be included in the EHCP.

Box 4: I want the Tribunal to make a recommendation about the social care needs and social care provision (Section D and H if concerning an EHC) as follows:

Write any recommendations you would like to see about the social care needs (Section D) and the social care provision (section G).

Page 6

Section 5: Making the appeal

Write Surrey County Council as they are the LA that made the decision and then the date on the letter you received.

It is important to keep to the Tribunal deadlines but should the appeal be late the Tribunal will always consider late appeals if there is a good reason, so if it is a late appeal then explain the reasons why it is late on this page and remember to tick the correct box.

Page 7

Section 6: Who is making the appeal?

This is where you state who is making the appeal and would put their details. All boxes need to be completed if possible. The email address does not need to be in capitals if the address includes lower case letters.

Page 8

Section 7: Who else is involved in the appeal?

First box: If any other person or organisation shares parental responsibility for the child or has been appointed as a Deputy by the Court of Protection for a Young Person, then give the name and contact details of each person or organisation and confirm that you have notified them of the appeal.

Second box: write here if you believe they should not receive details of the appeal and explain why.

Third box: If any other court or tribunal has made an order concerning the child or young person, including the family court, you must provide the details.

Your advocate

If you are a Young Person making the appeal, do you have an advocate to support you to express your views? If you do, then provide their details.

You don't need to have an advocate but it is an option should you feel you need someone to talk on your behalf. The Advocate needs to know you are adding their details.

Page 9

Your representative

Provide details of Representative.

You don't need to have a representative.

You may pay for legal representation from a solicitor/law firm. They will prepare and present your case at the hearing.

Legal Aid: Some parents are eligible for Legal Aid. Legal Aid will help with certain elements of the preparation for appeal. It will not provide a lawyer for the hearing (except in very exceptional circumstances).

You can check if you are eligible for Legal Aid on the GOV.UK website.

You can contact IPSEA for possible representation. There is also SEN SOS who will charge a nominal fee.

SEND Advice Surrey will only provide representation at the hearing if parent/young parent is not able to do so themselves. Please call us to discuss.

Who should receive information about the appeal?

All paper and documents will go to the one person named on the form unless you tick one of these boxes in this section.

Page 10

Section 8: The hearing your needs and requirements

Provide any details of any special needs or anything the court should be aware of including if you need a signer or need an interpreter so that they can consider this when looking at venues.

Section 9: Paper hearing

A paper hearing means that the Tribunal Judge and other Tribunal Members will only consider the written evidence in private and you and your representative (if you have one) do not attend a hearing.

You will be first given a two-week window when the paper hearing is taking place then a single date nearer the time that is during the two weeks. You will be sent the decision in writing about 10 days after the paper hearing.

If you want more details about the reasons for the Tribunal's decision, you can ask for this by writing to the Tribunals or Appeals Service within one month.

  • If the Tribunal agrees, do you agree that the appeal can be determined on the written evidence without an oral hearing? Tick yes or no.

Do you consent to the final hearing of the appeal being listed on an earlier date if one becomes available? Tick yes or no.

Existing claims/appeals:

If you have another current appeal or claim in relation to this child or a sibling provide details.

Page 11

Section 10: Checklist

You MUST include everything in this list where relevant. Missing paperwork will mean that the appeal is delayed.

  • A signed and dated letter from the Local Authority giving you the right of appeal to HM Courts & Tribunals Service (the Local Authority decision letter). This is the letter that should have come from the LA stating their decision and
    giving you details of how to appeal should you wish to do so.
  • A copy of the signed mediation certificate
  • Your reasons for making the appeal – Section 2 page 3 is your reasons for making the appeal and should be completed.
  • The appeal form has been signed and dated

This list is the minimum you MUST send with your appeal form. You can of course send any other evidence you have. Please remember to send copies only and no original documents. The Tribunal prefer it to be single sided if this is possible.

Section 11: Please sign below

Please sign and date the form. Each parent that is named on the form should sign the form.

If you have legal representation, they must sign the form also.

Section 12: Sending us your appeal

When you have completed the appeal form and signed it, send the form along with all the supporting evidence to either the email address or postal address given in this section.

If you are sending it through the post we advise to send it recorded delivery.

If you are emailing everything in write in the subject box "New Appeal".

Page 12

Please list all the documents you are sending with the appeal form, the date of each document and number of pages, its author (if known), and, if it is not obvious, why the document is relevant.

Page 13

Information about how to access information regarding SEND Tribunal privacy policy.

Please note all communication from now on MUST go to the LA and Tribunal. Most changes would be on the Request for Change Form.

SEND 35a (refusal to assess) form - webinar on how to complete

SEND 35a (refusal to assess) appeal form - guidance on how to complete

Page 1

This gives you useful information regarding the Tribunal process and how to complete the form. Do read it carefully. This page talks about 'Who can bring an appeal', 'Who can be an advocate?' and 'Who can be a representative'.

Page 2

Section 1 must be completed in BLOCK CAPITALS. The rest of the form can be in lowercase and remember to save the form throughout.

Section 1: Who the appeal is about?

Please complete child/young person's details (who the appeal is for).

Page 3

Section 2: Reasons for appeal

This is where you tell the Tribunal why you disagree with Surrey's decision not to secure an EHC needs assessment and refer to any written evidence you have to support your case.

Remember that the Legal Test the Tribunal will apply is contained within the Children and Families Act 2014 Section 36(8):

The local authority must secure an EHC needs assessment for the child or young person if, after having regard to any views expressed and evidence submitted under subsection (7), the authority is of the opinion that:

(a) the child or young person has or may have special educational needs, and
(b) it may be necessary for special educational provision to be made for the
child or young person in accordance with an EHC plan.

In this section there are two questions to answer:

1. Whether the child or young person has or may have SEN?

First box: here you need to describe any special educational needs that the child or young person has.

Second box: describe any special educational needs which you consider your child or young person may have which have not yet been fully identified.

2. Whether the child or young person may require an EHC plan?

Here you would explain why you think your child or young person may require an EHC plan. You can also explain why your child's School cannot meet your child's needs within their local offer. You can ask this question to the SENCo and/or class teacher and include their answer in this section as well as including any evidence they give you with this form.

Please note that you can continue on a separate page if you need too.

Page 4

Section 3: Making the appeal

There are two questions under this section:

  1. Which local authority made the decision that you are appealing against? Answer: Surrey County Council
  2. What is the date on the decision letter from the local authority? Answer: This is the date on the letter you got from Surrey LA when they said they are not going to assess. It is not the date it arrived with you.

If you do not have this letter you must email L-SPA to get a copy.

You can ask for a copy to be emailed to you. You must not send off your SEND35a without a copy of this letter as it will only be returned and will delay your appeal.

If your letter was posted you could also ask for a copy to be emailed to you so you have it to email with your SEND 35a form rather than posting it.

Late appeal or no mediation certificate

The next part of page 4 is to be used if you are late appealing or have no mediation certificate.

Late appeals

You are only late appealing if you are later than 2 months from the date of Surrey's decision letter or later than one month of the date of the mediation certificate.

In the box you must write the reasons for the delay in appealing and why you think the appeal would succeed if time for making the appeal is extended. It is important to do this otherwise the Form will be returned to you without being registered or seen by a Tribunal Judge. Reasons maybe because you didn't understand the process as you have a learning difficulty, the letter never arrived in the post, you have been ill or a member of the family has been seriously ill. If you have any medical evidence for this, send a copy in with the SEND 35a.

No mediation certificate

If you do not have a mediation certificate you must write why you have not been able to get one. The same reasons as outlined above may apply.

If you do not give an explanation, the Form will be returned to you without being registered or seen by a Tribunal Judge and will delay the appeals process.

Tick the box of boxes than apply and then write your reasons.

Page 5

Section 4: Deciding your appeal

The first box is to be ticked if you 'CONSENT to a paper hearing'. Tribunal hearings are usually oral hearings.

You can request a paper hearing, which means that all of the evidence will be considered by the papers and you will not have to attend a hearing. If you consent to a paper hearing, it may lead to an earlier decision being made in the appeal.

If you do not tick this box, you will automatically have an oral hearing.

The next box is for Existing claims/appeals:

You need to say whether there is another appeal being dealt with by Tribunal in relation to this child or young person or a sibling. If it is Yes then write your appeal number in the box or if not tick No.

Then state whether you have an existing Disability Discrimination Claim for this child or Young Person registered with the Tribunal – yes or no.

If yes, then give the date of your claim and hearing number in the next boxes. You can also tick if you would you like these appeals/claims to be heard at the same time.

If no, remember to tick the box as it's hard to see if within the boxes above.

Page 6

Section 5: Who is making the appeal?

You need to tick one of the boxes depending on who is making this application to appeal. There are explanations on page 1 if you need them:

  1. Parent or other, on behalf of a child under 16 years old
  2. Young person, aged 16 and under 25 years old
  3. Alternative Person, making an appeal in the 'best interests' of a young person who does not have the Mental Capacity to bring an appeal themselves.

Then complete you details:

A. Details of first person making the appeal
B. Details of second person making the appeal, if there is not a second person you leave this section blank.

Page 7

Section 6: Who else is involved in the appeal?

There are three boxes on this page.

  1. To be ticked if any other person or organisation shares parental responsibility for the child or has been appointed as a Deputy by the Court of Protection for a Young Person. You need to give their name and contact details and confirm that you have notified them of the appeal.
  2. The second box is to be used if you believe the people above should not receive details of the Appeal. You also need to explain why not.
  3. The last box is to be used if any other court or tribunal has made an order concerning the child or young person this application is about. This would include the family court. You must provide their details too.
  4. The last box is to be used if any other court or tribunal has made an order concerning the child or young person this application is about. This would include the family court. You must provide their details too.

The last section on this page is about Your Advocate.

An advocate is someone who knows you, who understands what you think about the issues in the appeal and so can speak on your behalf. The advocate is there to support you to express your views.

For a young person, the advocate can be a parent, family member, friend or a paid advocate. If a parent is disabled, they may also be able to have an advocate.

An advocate is not someone who can give advice on the issues in the appeal.

Page 8

This page is about Your representative.

The first question is basically if you have appointed a representative to support you in making the appeal – yes or no. If yes you need to complete their details and if no you move on.

A representative is someone who will give you advice on the issues in the appeal, prepare the paperwork on your behalf and may represent you at the Tribunal hearing. They can also be an advocate. They could be a volunteer from a charity, a paid representative, a solicitor or barrister. SEND Advice Surrey can also be your representative if we have capacity AND if we have been working with you from the beginning so understand the appeal in detail. We will try to empower you before being a representative.

You then need to say Who should receive information about the appeal?

The papers and documents only go to one of the people named on this form. If you have a representative they will automatically go to them so that person will have to send them onto you. You must use this section to tick whether you want the papers and documents to go to your Advocate or Representative. If you don't have either everything will be sent to you directly.

Page 9

Section 7: The hearing, your needs and requirements

This section has two questions to answer. You need to say whether you have any special needs which the tribunal needs to take into account when they arrange your hearing. This might be things such as hearing loops or disabled access.

The court will then arrange for a professional interpreter to be present at the hearing if an oral hearing goes ahead.

Question 1 – your needs

Tick yes or no.

Question 2 – your signer or interpreter and language requirements

Tick yes or no to "do you require an interpreter or signer to assist you at the hearing?".

If yes, it then asked what language or type of sing language interpreter you need and what dialect it is. Just write the answer to each question in the boxes.

Section 8: Checklist

You need to confirm that the following documentation are enclosed with the appeal form:

  1. A signed and dated letter from the Local Authority giving you the right of appeal to HM Courts & Tribunals Service – this is Surrey's decision letter from L-SPA. If it was posted to you, you could email L-SPA to ask for a copy to be emailed to you or you could scan the letter so you have an electronic copy.
  2. A copy of the signed mediation certificate – this is the certificate you would have received from Global Mediation when you called them. You had 2 months from the letter above to get this certificate.
  3. Your reasons for making the appeal – this is to ensure that Section 2 is completed.
  4. The appeal form has been signed and dated – people forget to do this and their forms are returned. It means your appeal will not be registered and will be delayed.

Section 9: Please sign below

This is the section you sign and date - as mentioned above.

If you are sending your appeal via email (the quickest way to do it) you can type your name in the signature box.

Your representative also signs the form (or types their name if the form is being emailed).

Page 10

Section 10: Sending us your appeal

When you have completed the appeal form and signed it you need to send it and all other relevant documents. You can either email it all, post it all or fax it all:

Email: send@justice.gov.uk and write in the subject line 'New Appeal'.

Post: HM Courts & Tribunals Service, Special Educational Needs and Disability Tribunal, 1st Floor, Darlington Magistrates Court
Parkgate, Darlington DL1 1RU

Fax: 0870 739 4017.

Page 11

Section 11: Evidence to be considered in the appeal

On this page you need to list all the documents you are sending with this appeal, the date of each document and number of pages (every page that has writing on it is counted as one), who wrote the document (its author, if known) and why the document is relevant.

The type of evidence should include:

  • Any document which helps the Tribunal to understand your child/young person's special educational needs (for example, a relevant medical report, an assessment by a therapist or psychologist)
  • Documents provided by their school or college setting out any support your child/young person receives (for example, SEN Support Plan, Behavioural Support Plan, notes from any meetings with professionals)
  • Correspondence with their school or college about any issues (e.g. part-time timetable, exclusions)
  • Other educational documents recording the level that your child/young person is working at or progress they have been making (for example, latest school report)
  • Other documents (for example, a statement from another parent, another organisation).

Remember to list any relevant reports or evidence that you are expecting to arrive soon after you have got your appeal in in this section. You should note when you are expecting them to arrive.

Remember to never send the original documents (copies only) and to keep a copy of everything that is being sent. Add a delivery and/or read receipt to an email and if sending by post – think about sending recorded delivery.

This can include the paperwork you sent in with the EHC Needs Assessment and the Request Form as well as any new reports/ letters/advice from professionals that you may have received since submitting the original request for assessment to the LA.

It is important to obtain any written evidence as soon as you can. It is best to send in all your written evidence with your appeal form because this means you have the main substance of the case set out with supporting evidence right from the beginning. If you have a good case and evidence, the LA may give in rather than fight the appeal.

If you think you need to send in evidence later in the process, tell the Tribunal what you expect to obtain and when and submit it by the deadline you will be given.

If you are having difficulty getting information from the LA, you can write to the SEND Tribunal explaining what the document is and ask the SEND Tribunal for a 'direction' to make the LA release the document. (When we say write you complete a 'Request for Changes' form/SEND 7. Unless the LA has a good reason for not providing the document the SEND Tribunal will order the LA to release it.