This is a step by step guide on how to complete a SEND 35A form, this is the form a parent, carer or young person needs to complete when the Local Authority has refused to secure an EHC needs assessment
Section 1 – This section asks for details of who the appeal is about. if the child is under 16 and the first box can be ticked if the person is 16 to 25 years old the second box needs to be ticked. The details of the child or young person then need to be completed in the boxes below
Section 2 - Reasons for appeal it is important for the parent, carer or young person to tell the tribunal why they disagree with the local authority's decision not to secure an EHC needs assessment and refer to any written evidence they have that supports the case. The form refers to the legal test for deciding whether to secure any EHC needs assessment. The form breaks the legal test into two questions, the first is where the child or young person has or may have special educational needs in this box the parent carer or young person is asked to describe any special educational needs that the child or young person has.
The following boxes for the parent, carer or young person to describe any special educational needs which they consider the child or young person may have which have not yet been fully identified.
The next box covers the second half of the legal test in the form of a question for the parent, carer or young person. Whether the child or young person may require an EHCP, the parent carer or young person needs to explain why they think the child or young person may require an EHCP. It is important to note the word ‘may’ in both parts of this legal test, this means that the parent, carer or young person does not have to prove that the child or young person has special educational needs or that an EHCP is necessary at this point just that this may be the case.
Section 3 – This section asks for the details of the Local Authority that the parent, carer or young person is appealing against, this would be Norfolk County Council. It then asks for the date of the decision letter, this is the date on the letter that the parent, carer or young person received to inform them that the Local Authority had decided not to carry out an EHC needs assessment.
If the parent, carer or young person is making a late appeal or an appeal without a mediation certificate when one is required, they must explain their reasons why in the next section. This could be that the parent, carer or young person was waiting for support to understand the process for example.
Section Four - In section four the parent, carer or young person needs to tick the first box if they consent to the appeal being heard on paper, this means that there is no all hearing and the decision is based on the evidence provided this is how almost all refusal to assess appeals are heard. Secondly, this section asks the parent, carer or young person if there is another current appeal in relation to the child or young person or a sibling which is being dealt with by the tribunal, if so, the appeal number needs to be added to the form. The next question is whether there is an existing Disability Discrimination claim for the child or young person registered with the tribunal if the answer is no, only the no box needs to be ticked. If the answer is yes, the date of the claim needs to be added to the form as well as the claim number the parent, carer or young person then decides, if possible, whether they would like the appeal to be heard at the same time.
Section 5 – the form asks who is making the appeal, one out of the first three boxes needs to be ticked. The options are apparent or other on behalf of a child under 16 years old, a young person aged over 16 an under 25 or an alternative person. This is someone who is making an appeal in the best interests of a young person who does not have the mental capacity to bring an appeal themselves. For more information on mental capacity please see the resources on our website.
Section 5 goes on to ask for some details about the person making the appeal. It is important that this information is correct especially the e-mail address as this is how the person making the appeal will be contacted. Still in Section 5 the form asks for the details of a second person that may be making the appeal, this section does not have to be filled in if there's nobody else making the appeal this can be left blank.
Section 6 – this section asks who else is involved in the appeal. Again, if this section is not applicable then please leave it blank. The first box would be completed 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. If this is the case, please give the name and contact details of each person or organisation and confirm that you have notified them of the appeal.
If the first box is applicable but the parent, carer or young person believes they should not receive the details of the appeal reasons must be given.
If any other court or tribunal has made an order concerning the child or young person including the family court the parent, carer or young person must provide the details in the third box.
Section 6 continues and asks if there is an advocate supporting with the appeal. Advocacy is defined as support from another person to help you express your views and wishes and help you understand and exercise your rights. If a parent, carer or young person is unable to express their views and wishes and exercise their rights we may be able to offer advocacy support to them. If there is an advocate supporting, then their details should be added in this section.
The next part of section 6 asks if there is a representative involved in the appeal. A representative is defined as someone who will give advice on the issues in the appeal prepare the paperwork and represent the person making an appeal to the tribunal. They can also be an advocate. They could be a volunteer from a charity, a paid representative, a solicitor or barrister. This is a more involved support than advocacy, it is not necessary to have a representative but if a parent, carer or young person does choose to appoint one then it is important this is somebody who specialises in SEND. At the bottom the parent, carer or young person needs to tick a box to choose who the papers and documents are sent to, only one person can be chosen.
Section 7 – this section is about the parent, carer or young person's needs and requirements for the hearing, these are things which the tribunal will need to take into account when arranging your hearing. This might be things such as hearing loops or disabled access. The second question asks if the parent, carer or young person needs a signer or interpreter. It is worth remembering that normal practise is for a refusal to assess appeal to be heard on paper without an oral hearing.
Section 8 – this section is a checklist of documents that need to be sent with the send 35A form.
Section 9 – this final section is the section where the person lodging the appeal must sign and date the form, it is acceptable to sign this electronically with the person's name.
Section 10 - this section has information about how to send the paperwork, this can be done via post or via e-mail. If the parent, carer or young person wishes to e-mail the paperwork they will need to do so to the e-mail address on the form and in the subject box they must write new appeal. For both post and e-mail all documents on the checklist in section 10 must be sent for the appeal to be lodged. If the parent, carer or young person has any additional evidence they wish to send with the send 35a form they can do so and list that evidence on the final page of the for. it is not essential for this is done at the time of sending off the send 35a, as this can be done later on during the process.