Changing an appeal

After a parent or young person has had their appeal registered by the SEND Tribunal, sometimes they feel they need to change what they said on the appeal form or widen their appeal to include other sections of an EHC plan. 

On this page we explain when you might want to do this, and what you need to do if so. 

When you might want to change your appeal

You might want to change your appeal in these situations: 

If: But:

When you made your appeal about an EHC plan, you had not found a particular placement you wanted the SEND Tribunal to name and: 

  • on the appeal form you gave a type of school, and  
  • you have now found a particular school. 

The school you would like the SEND Tribunal to name is not the same type as given on the appeal form. 

For example, you said on the appeal form you wanted mainstream as the type, but the school you would like to have named is a special school. 

You will need to ask the SEND Tribunal if you can change your appeal grounds.  

You do not need to do this if the school you have now found is the same type as the type given on your appeal form (instead, follow the advice in our FAQ).  
You made your appeal only about Section I (placement) of the EHC plan 

You now realise that placement decisions are made based on what Sections B (special educational needs) and F (special educational provision) say and: 

  • these Sections have not been specified properly in your child’s EHC plan, and  

  • this means that they don’t show why the placement you are asking to be named is suitable or appropriate. 

For example, you want your child to attend an independent school because your child needs on-site speech and language therapy, small class sizes of between 8-10 pupils, and to be taught by specialist teachers and could only receive this in the independent school you want named. However Section F does not specify these pieces of provision and Section B does not specify the needs for which this provision is called for. 

You will need to ask the SEND Tribunal if you can widen your appeal to include Sections B and F. 
You made your appeal about Section F only of an EHC plan 

Since making your appeal your child’s needs have changed or been fully identified and: 

  • there are other special educational needs that you want specified in Section B, and 

  • you want provision required to meet these needs is specified in Section F. 

For example, after you made your appeal, your child received an autism diagnosis. Section B of their EHC plan does not specify the special educational needs identified in the assessment, nor the provision required to meet these newly identified needs. 

You will need to ask the SEND Tribunal if you can widen your appeal to include Section B (and maybe Section I if a different placement is required). 
Your LA made a decision to cease to maintain (stop) your child’s EHC plan, and you appealed this decision only. 

You now think that should the SEND Tribunal order the LA to continue to maintain the EHC plan, the current plan is not up to date and Sections B, F and/or I need changing.  

You may also think these Sections as they are currently written do not show why the EHC plan is still necessary, because they have not been properly specified. 

You will need to ask the SEND Tribunal if you can widen your appeal to include Sections B, F and/or I as appropriate. 

There may be other reasons why you think you need to change your appeal, and you can contact us to get further support if you are not sure.  

What you need to do

If you need to change your appeal (either the appeal grounds or widen the appeal), then you need the SEND Tribunal’s permission.  

You ask for this using a form, called a Request for Change form. If the Request for Change form concerns widening the appeal you should also give your local authority (LA) plenty of warning of your intention. 

First, complete a Request for Change form and send this to the local authority (LA) together with your reasons and any evidence you have which shows why you want to change your appeal. You need to give your LA time to respond, at least 5 working days.  

Next, send your completed form to the SEND Tribunal together with the LA’s response. If the request is urgent, and you are still waiting for a response from the LA, you should make clear on the form that you have asked the LA for its views and include a copy of your email to the LA if possible. You can later send the LA’s views if provided after you have sent your Request for Change form to the Tribunal. 

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