Courts and tribunals
SEND: asking for an EHC needs assessment and appealing (England)
Written by Billy Kukadia · Last reviewed 23 October 2026

In short
A parent, a young person aged 16 to 25, or a school can ask the council for an EHC needs assessment.
The council should decide within 6 weeks; a final plan is due within 20 weeks of the request.
Before most appeals, you need a mediation certificate. You do not have to go on to mediate.
What you need
A short description of your child's needs and how they show up at school and at home. Ordinary examples are more useful than general statements.
Copies of reports you already have, from school, health professionals or anyone else involved. Note the date of each one.
A simple log of dates: when you asked, when the council replied, and what it said. Every timescale in this guide runs from one of those dates.
Step by step
Ask for the assessment in writing
A parent, a young person aged 16 to 25, or the school can ask the council for an EHC needs assessment. Put the request in writing, keep a copy, and note the date you sent it. That date starts the clock.
Watch for the 6-week decision
Write the council decision and final-plan dates from the summary in your log, so you can see if anything runs late.
If the council says no, get a mediation certificate
Before you appeal to the First-tier Tribunal (SEND), you normally need to contact a mediation adviser. Keep the certificate with the decision letter. You do not have to go on to mediate if you do not want to; the certificate is what lets you appeal.
There are two exceptions. You do not need a certificate if your appeal is only about the named school or placement, or for a disability discrimination claim.
Appeal in time
Work out both dates using the summary. Use the later date, but don't leave it to the last week.
Keep to the current rules
SEND reforms were announced in 2026, but the current system still applies. Follow today's rules and timescales. If you live in Wales, the system is different: it uses additional learning needs (ALN) and the Education Tribunal for Wales, so this guide does not apply there.
Free help
Your local SENDIASS: free, impartial SEND advice, found through your council's website. IPSEA also offers free, independent advice through its advice line.
How we can help, and what we can't
We can help you keep a log of dates, put reports in order and prepare letters or appeal paperwork in your words for you to check. We are not solicitors or a law firm, and we cannot tell you whether an appeal will succeed. Our SEND tribunal support page explains the practical help available. SEND tribunal support.