SEND Tribunal appeal evidence checklist for parents

Start with the decision you are appealing

Tribunal evidence is easier to organise when you first identify the exact decision under challenge. Appeals can concern refusal to assess or reassess, refusal to make an EHC plan, parts of a final EHC plan, refusal to amend certain educational sections, or a decision to cease a plan.

Write one sentence stating the decision and one sentence stating the outcome you want. Use those two sentences to decide whether each document is relevant.

Core documents checklist

• The local authority decision letter.
• The mediation certificate, unless an exception applies.
• The current or draft EHC plan, if the appeal concerns a plan.
• The most recent annual-review paperwork, if relevant.
• The EHC needs assessment request and assessment evidence, where relevant.
• Professional reports that address needs, provision, outcomes or placement.
• School records showing support, progress and difficulties.
• Your child or young person’s views where these can be provided appropriately.

Create a short chronology

A chronology should be factual rather than argumentative. Include the most important dates: requests, decisions, assessments, significant changes, annual reviews, professional reports and key school events. A clear chronology helps show how the evidence fits together.

Match evidence to the disputed issue

If you dispute Section B, identify evidence about needs. If you dispute Section F, identify evidence describing provision, frequency, staffing, expertise or delivery. If you dispute Section I, collect evidence about the child’s needs, the proposed placement and why your requested placement is appropriate.

If the appeal is against refusal to make a plan, focus on why provision through an EHC plan is necessary rather than only proving that the child has difficulties.

Do not overlook the deadline

For parent appeals, GOV.UK says the Tribunal normally needs to receive the appeal within two months of the date of the decision letter or one month from the date of the mediation certificate, whichever is later. Check your own letter and current Tribunal guidance.

When submitting reports

• Use the full report, not isolated screenshots, unless the Tribunal directs otherwise.
• Keep page numbers and dates visible.
• Highlight the issue in your written case rather than altering the original report.
• If two reports conflict, explain the difference and why one should carry more weight.
• Keep a copy of exactly what you submit.

What happens after the appeal is accepted?

The Tribunal will give case-management directions and deadlines. GOV.UK says the local authority generally has 30 working days to respond after the Tribunal sends it the appeal. Follow the Tribunal’s own directions for any later evidence rather than assuming you can send material at any time.

Who can help

SENDIASS can provide free information and support. For complex legal or expert-evidence issues, consider specialist advice. HMCTS can explain procedure but cannot tell you what legal arguments to make.