This form is for all appeals to the SEND Tribunal apart from a refusal to assess for an Education, Health and Care Plan (EHCP)

Section 1

Section one asks for details of who the appeal is about. If the child is under 16, then the first box can be ticked. If the person is 16 to 25 years old, the second box needs to be ticked.

Details of the child or young person then need to be completed in the boxes below.

Section 2

Next is a section where the parent, carer or young person must tick the boxes that apply. Depending on the situation the boxes ticked will be different for different appeals.

The next section only needs to be completed if a parent or young person is unhappy with Section I, the EHCP. If this is the case, then the parent, carer or young person's preferred education setting along with the full address needs to be completed.

If section I is being appealed against the parent, carer or young person must contact the education setting to inform them that they are lodging an appeal for a place. In this box the parent, carer or young person must confirm they have done this and give details of the date of contact and the education settings response.

There is also the option to add a type of education setting in this box if the parent, carer or young person is unable to name a particular school at the time of lodging the appeal.

It is also possible to ask the tribunal to make recommendations about the health and social care sections within any EHCP. If this applies one or both of the boxes in the next section can be ticked.

Here is an example of what the parent, carer or young person may write to show that the education setting has been informed that a place is being appealed for:

I emailed Poppy Field School on Friday the 1st of March 2024 to inform them I was appealing for a place for my child. The school replied by e-mail to say they could meet my child’s needs and pupils within the school have similar needs to my child. I have attached a copy of the e-mail and a copy of the school's response.

Section 3

In Section 3 of the form, it asks parent, carers or the young person for the reasons for the appeal. This first box must be completed for all appeals.

This is often the section that takes the most time and thought, so here are Sunday's and don'ts when completing it.

Do

·         Keep reasons short relevant and to the point.

·         Refer to any evidence that supports the appeal.

·         Number the paragraphs or organise them under headings.

·         Separate points into paragraphs or use bullet points.

·         Look at the reasons the local authority has given in their letter.

Don't

·         Go into history that is not relevant to the appeal.

If the information does not fit in the space given, a separate sheet can be used.

If this is the case, make sure you write in the relevant box that there is a separate sheet and be sure to put a header on this sheet. This is an example of what you may write and how to layout the separate page if more space is needed:

Section 3 - my reasons for appeal.

Re: Joe Bloggs. DOB - 01/01/2018

I disagree with the school named in section I as it cannot meet my son’s special educational needs.

Lack of training 
The educational Psychologist report states that Joe should be taught by staff ‘with experience, training and expertise in teaching pupils with autism.’

(see page 12 of the educational psychologist report dated 1st January 2023.

The staff at the school the LA have named have been on a one-day training course in supporting pupils with autism.

The school we wish to be named is an autism specific school where all staff are trained and have experience working with pupils with autism. 

The following two boxes will only need to be completed if the parent, carer or young person is appealing against sections B and/or F. Again, if, for example, the parent, carer or young person disagrees with the description of special educational needs in Section B. Then the reasons why they disagree need to go into the relevant books, linking to professional reports where possible.

Again, if more space is required, the parent, carer or young person can write. Please see attached sheet in the box. This is an example of the type of thing a parent, carer or young person could write if they were appealing against section F of the EHCP, which is the educational provision:

Section 3 – my reasons for appeal.

Re: Joe Bloggs. DOB: 01/01/2011

I disagree with the special educational provision named in section F.

1. 1:1 learning support required

The educational Psychologist report states that, to reach his full potential, Joe needs ‘one to one adult support’ 

(see section A of the educational Psychologist report dated 01st January 2024)

The LA have not amended the plan following the Annual Review to add this into section F.

The next box is the parent, carer or young person's chance to say what they feel the local authority have not considered. This can be things such as the impact the lack of provision that the child or young person is receiving, or the impact of the child or young person being in a setting that cannot meet their needs.

If the parent, carer or young person is appealing against what is in Section I of the EHCP, then the next two boxes need to be completed. Again, if the parent, carer or young person can link the reasons they disagree with the local authority's choice and why they prefer their choice of education setting, then they should do so.

 

Section 4

If the parent, carer or young person is unhappy with the health and/or social care sections of the EHCP, the extended powers give parents and young people the right to request recommendations about the health and social care needs and provision specified in EHC plans, in addition to the educational aspects. When making an appeal, the appeal must include an appeal about an education section B, F and/or I for this to be possible.

If the parent, carer or young person is asking the Tribunal to make recommendation on health and social care sections in the EHCP, they can state the reasons why they disagree with these sections in the next section.

Again, this can only be added to an appeal about an education section. Which are sections B, F and I.

Any healthcare provision that educates or trains a child or young person is seen as a special educational provision in law and should therefore be in Section F of the EHCP. For example, speech and language therapy provision.

 

Section 5

Section 5 asks for the details of the local authority 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 letter that gives the parent, carer or young person the right to appeal. For example, following an annual review, the letter that informs the parent, carer or young person that the EHCP is being maintained.

 

Is 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 was waiting for support to understand the process, for example.

 

Section 6

In Section 6, the film asks who is making the appeal. One out of the first three boxes needs to be ticked. The options are:

·         A parent or other on behalf of a child under 16 years old.

·         A young person aged over 16 and under 25.

·         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.

Some more information on mental capacity, please see the resources on our website.

 

Section 6 then goes on to ask for some details of 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 6, and it 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, leave this section blank.

 

Section 7

Section 7 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 7 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 7 asks if there is a representative supporting with 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 at 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 of this section the parent, carer or young person needs to take a box to choose who the papers and documents are sent to. Only one person can be chosen.

 

Section 8

Section 8 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 and language requirements for the hearing. If the answer is yes, tick the yes box and give details in the boxes below.

 

Section 9

Next is section 9. In this section the parent, carer or young person is asked three questions.

The first question is to confirm if the parent, carer or young person would agree to the appeal being heard on the written evidence provided without an oral hearing. For this to happen it has to be agreed by both parties and a judge. If this was agreed, it would mean that there would be no hearing and the decision would be made based on the evidence submitted.

If the parent, carer or young person feels their evidence is strong and would like a paper hearing, they need to take the yes box.

The next question asks if the person making the appeal would be happy with the hearing being listed at an earlier date if one becomes available.

The person making the appeal should take yes or no for this question.

The final question in Section 9 asks if there is another current appeal or claim in relation to the child or young person or a sibling that is being dealt with at the moment.

If the answer is yes, details then need to be provided in the last box.

 

Section 10

Section 10 is a checklist. These are the documents that must be sent off for the appeal to be lodged successfully.

 

Section 11

Finally, section 11. This 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 12 

Section 12 has information of 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 line 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 SEND35 form, they can do so and list that evidence on the final page of the form.

It is not essential this is done at the time of sending off the SEND35 as this can be done later on during the process.

 

What happens next?

You will receive a tribunal pack, which are called case directions, within 20 working days. This pack will include a table of dates, and it is important you make note of these.