Special Educational Needs and Disability Tribunal appeal a refusal to secure an EHC Needs Assessment
| Published date | 21 March 2018 |
| Subject Matter | Special Educational Needs and Disability Tribunal forms |
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Application for appeal
Refusal to secure an EHC Needs Assessment
Special Educational Needs and Disa bility Tribunal
SEND35A - Application for appeal - Refusal to secure an EHC Needs Assessment (02.19) © Crown copyright 2019
Child or Young Person
You should use this form to appeal against a decision made your Local Authority (LA) not to secure an EHC needs
assessment of a child or a Young Person. A child is aged 0 – 16 years. A Young Person is anyone aged 16 years or over
who is over statutory school age but under the age of 25 years.
All appeals against an LA’s refusal to secure an EHC needs assessment will be decided by the Tribunal following
consideration of the written evidence without an oral hearing. Unless you tell us otherwise, your consent will be
presumed. If you wish to have an oral hearing of the appeal you must tell us and this will then be arranged.
Who can bring an appeal?
Appeal concerning a Child
An appeal concerning a child can be brought by a parent or parents, someone with parental responsibility or someone
who cares for a child. That person can appoint a representative to act on their behalf during the appeal process including
at the hearing if they wish to do so. They can also have an additional person, a parental supporter, to attend an appeal
hearing to give them further support.
Appeal by a Young Person
It should always presumed that a Young Person has the mental capacity to make an appeal to the Tribunal. An appeal
made by a Young Person will be often be with the support of an advocate. An advocate can be a parent, family member
or other individual including someone who is paid to do so. A Young Person can also appoint a representative to act on
their behalf during the appeal process, including at the hearing.
If a Young Person cannot bring an appeal themselves – making an appeal as an Alternative Person?
If a Young Person does not have the mental capacity to bring an appeal and/or to make decisions about the appeal,
then it can be brought by an Alternative Person acting in the best interest of the young person. This will be any Deputy
appointed by the Court of Protection or if no appointment has been made, then usually a young person’s parents. It
could also be a family member or someone form the LA’s social care team. The Tribunal will still want to know what the
Young Person’s views are on the issues in the appeal but it is the views of the Alternative Person which they will consider
in reaching their decision in the appeal. An Alternative Person can also appoint a representative during the appeal,
including attending at the hearing if they wish to do so.
Who can be an 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. For a young person, they 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. They are not someone who can give advice on the issues in the appeal.
Who can be a representative?
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. Most appeals are made to the Tribunal without a representative. The Tribunal
will support both parties through the process of making an appeal, to ensure that it is decided fairly and justly.
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