SEND35 Form: How to Fill It In and Lodge Your Tribunal Appeal

The SEND35 is the official form you must submit to register an appeal with the First-tier Tribunal (SEND). It sounds simple. It is not. Parents who submit incomplete or poorly worded forms often delay their case by weeks — and in a system where you may already be waiting 50-plus weeks for a hearing date, that delay has real consequences for your child.

This guide walks through each section of the SEND35, explains what the Tribunal actually wants to see, and flags the mistakes that slow cases down.

What the SEND35 Is and When You Need It

The SEND35 form is the gateway to the First-tier Tribunal (HESC — Health, Education and Social Care Chamber). You submit it when you want to appeal against one or more of the following:

• A local authority's refusal to conduct an Education, Health and Care Needs Assessment (Section 36 of the Children and Families Act 2014)
• A refusal to issue an EHCP following assessment
• The contents of a final EHCP — specifically Sections B (special educational needs), F (special educational provision), or I (school placement)
• A decision to cease maintaining an EHCP

You have two months from the date on the LA's decision letter to lodge your appeal — or one month from the date on your mediation certificate, whichever is later. Missing this deadline means starting again or applying for an extension, which the Tribunal has discretion to refuse.

Before You Submit: Get Your Mediation Certificate

For most appeal types, you are legally required to contact a Mediation Information and Advice Service (MIAS) first and obtain a mediation certificate. This is mandatory even if you decide not to pursue mediation itself — the certificate proves you have "considered" mediation.

The only exception is if you are appealing solely against Section I (the named school placement). In that case, mediation is entirely optional and no certificate is required.

Your MIAS provider should issue the certificate promptly — typically within a few days of your call. Do not wait for it to arrive before starting the SEND35; begin filling in the form immediately so you are ready to submit the moment it arrives.

The Key Sections of the SEND35

Section 1: Details of the child or young person. Straightforward personal information. Make sure the name, date of birth, and address exactly match the documents you are attaching. Discrepancies cause administrative delays.

Section 2: The decision you are appealing. State clearly what you are challenging and attach the LA's decision letter. If the letter is vague — for example, if the LA simply says the "needs can be met without an EHCP" — copy the exact wording and plan to address it directly in your grounds.

Section 3: Grounds for appeal. This is the most important section and where most parents undersell their case. The Tribunal does not want an emotional narrative. It wants a structured, factual argument that demonstrates why the LA's decision is legally flawed.

For a refusal to assess, your grounds should reference Section 36(8) of the Children and Families Act 2014 — the two-part legal test: (1) the child "has or may have" special educational needs, and (2) it "may be necessary" for special educational provision to be made via an EHCP. The threshold is deliberately low. If the LA applied unlawful local criteria (such as demanding proof that the school has spent its full £6,000 delegated budget), state this explicitly.

For a contents appeal, summarise which sections are in dispute and why the current wording is inadequate. Reference paragraph 9.69 of the SEND Code of Practice, which requires provision to be "detailed and specific" and "normally quantified." Identify the vague phrases in Section F (e.g., "access to support," "as appropriate") and state what quantified provision you are seeking instead.

Section 4: What outcome you are seeking. Be specific. "I am seeking an order that the LA conduct an EHC Needs Assessment" or "I am seeking an order that Section F be amended to specify X hours of Speech and Language Therapy per week, delivered by an HCPC-registered therapist."

Section 5: Documents you are attaching. List every document chronologically. Do not just attach a pile of reports with no index — the Tribunal administrator will ask you to resubmit if the bundle is not properly organised.

What to Attach at Registration

The mandatory documents for lodging the appeal are:

1. The completed SEND35 form
2. The LA's decision letter
3. Your mediation certificate (if required for your appeal type)
4. A basic evidence bundle — this does not need to be comprehensive at registration, but it must include key reports that support your grounds (e.g., diagnostic letters, EP reports, SENCO provision maps)

Your full evidence bundle is submitted later, typically around 30 working days before the hearing. At registration stage, focus on getting the form in on time with the mandatory documents.

After Submission

Once the Tribunal registers your appeal, it will issue a Directions Notice setting out the case management timetable. This typically includes deadlines for:

• The LA to respond with its own evidence
• Both parties to submit their working document (for contents appeals)
• The final hearing bundle to be lodged

Keep every deadline in your calendar. Missing a Tribunal deadline can result in your evidence being excluded — which, in a case that relies heavily on expert reports, is catastrophic.

The SEND Tribunal currently has a significant backlog. As of 2024, families are waiting 50-plus weeks for a final hearing after registration. That is roughly a year. During that time, your child is still in an unsuitable setting — which is exactly why local authorities rely on the waiting time as a deterrent. The statistics are clear: parents win approximately 98.6% to 99% of contested Tribunal hearings. The system is stacked in your favour on the merits. The attrition is the weapon. Getting your SEND35 right from the start keeps your case moving.

The England SEND Tribunal Playbook includes a completed SEND35 walkthrough, grounds-for-appeal templates for both refusal and contents appeals, and a pre-submission checklist to make sure nothing is missing before you click send.

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