An SEN appeal has to be received by the SEND Tribunal within two months from the date on the decision letter/ letter enclosing the final EHC plan or one month from the date on the mediation certificate, whichever is the later.

If you missed the deadline, the SEND Tribunal may still allow you to submit it late.

The SEND Tribunal has the discretion to extend these time limits if the letter that the LA sent to you informing you of its decision did not tell you everything it was required to, such as:

  • your right of appeal to the SEND Tribunal 
  • the time limit within which the appeal must be made
  • the availability of dispute resolution arrangements, and/or
  • the fact that use of such arrangements does not prejudice the right to appeal

Double-check whether the decision letter you received contains all the necessary information. You can check this on our pages.

If the appeal is out of time, the form should be submitted as soon as possible explaining why it is late. If that was because the LA’s decision letter did not contain all the necessary information, make that clear.

You will want to explain what special circumstances apply and why it would be fair and just to allow an extension of the deadline.  

A SEND Tribunal judge will then consider the appeal form and may allow an extension if there are special circumstances, and it is fair and just to do so.