We’ve had quite a few people contact us recently, asking for support with an appeal where the deadline for that appeal is just a few days away.
We will always do everything we can to support you to submit an appeal where you ask us to, but we do ask that you give us time to give you as many options as possible. We appreciate that can be difficult sometimes. Remember though, we are here to discuss your appeal rights as soon as you get the decision letter, or before that, through the EHCP/Annual Review process.
When you wish to appeal against a SEND Decision(such as a refusal to assess for an EHCP, or where an EHCP names a school that you don’t feel is suitable), you have a limited time to submit an appeal to the SEND Tribunal.
That time is either:
2 months from the date on the decision letter,
or,
1 month from the date on a mediation certificate,
whichever is the later date.
Within that initial 2 month window, you also should have time to speak with BCP Council’s Early Dispute Resolution Service, and should things not go as you would like there, still have time to consider mediation, using Global Mediation.
Getting a mediation certificate, that shows that you have considered, or been through mediation, may extend the appeal window beyond the 2 months. However, we recommend against leaving it late to request that mediation certificate.
You can find more detailed information on the appeals process, including webinars on the subject, on our Appeals and Tribunals page. Should you have further questions on the subject, or be going through an appeal yourself, let us know, and we’ll be happy to provide impartial information, advice, and support.
