Explain

The time limit to appeal

An appeal must reach the SEND Tribunal by 5pm on the last day: 2 months after the council sent its decision letter. Where a mediation certificate is needed, the last day is 1 month after the certificate, if that is later. To get one, the mediation adviser must be contacted within 2 months of the letter being sent. After that, the Regulations say no certificate may be issued, but the Tribunal can be asked for permission to appeal without one.

If the letter is dated before it was sent, the last day to contact the adviser may be earlier, counted from the date on the letter. If the last day to appeal falls in August, or between 25 December and 1 January, the appeal is in time on the first working day after 31 August or 1 January. If it falls on another day that is not a working day, it moves to the next working day. A complaint, a meeting, disagreement resolution or a new request does not stop or extend this time limit. The tribunal can accept a late appeal, but it does not have to: a late appeal must ask for more time and explain why it is late.

Type of rule

Law (Act or Regulations)

Rule id

appeal_time_limit

Rules version

england-2026.10

Law as at

30 September 2026

Sources

• Tribunal Procedure (First-tier Tribunal) (HESC Chamber) Rules 2008, r 20(1)(c)Law (Act or Regulations), to verifyStill to confirm that HESC r 20(1)(c) runs the 1-month limb from a certificate issued after declining mediation (CFA 2014 s 55(4)) as well as after mediation (s 55(5)), and not for an appeal only about Section I (s 55(2)). r 20(1)(c)(ii) refers to "the mediation certificate" without a subsection; r 20(3)(c) names certificates under s 55(4) or (5) in cases within s 55(3) (HMCTS consolidated HESC Rules, August 2025). Still to confirm against legislation.gov.uk.
• Children and Families Act 2014, s 55(3)Law (Act or Regulations)
• Children and Families Act 2014, s 55(2)Law (Act or Regulations)
• SEND Regulations 2014, reg 33Law (Act or Regulations)
• SEND Regulations 2014, reg 34(2)Law (Act or Regulations), to verifyStill open: whether "the date of the notice" in reg 34(2) can be earlier than the day written notice of the decision was sent (reg 33), for example a letter dated before it was posted. Plenda counts from the day it was sent and says the last day may be earlier, counted from the date on the letter.
• SEND Regulations 2014, reg 34(3)Law (Act or Regulations)
• Tribunal Procedure (First-tier Tribunal) (HESC Chamber) Rules 2008, r 12(1)Law (Act or Regulations)
• Tribunal Procedure (First-tier Tribunal) (HESC Chamber) Rules 2008, r 12(2)Law (Act or Regulations)
• Tribunal Procedure (First-tier Tribunal) (HESC Chamber) Rules 2008, r 12(3)Law (Act or Regulations)
• Tribunal Procedure (First-tier Tribunal) (HESC Chamber) Rules 2008, r 20(4)Law (Act or Regulations)
• Tribunal Procedure (First-tier Tribunal) (HESC Chamber) Rules 2008, r 5(3)(a)Law (Act or Regulations)

Related

• Mediation adviser and mediation certificate
• When a letter counts as sent, served or received
• SEND Tribunal (First-tier Tribunal)
• Decision letters and appeal rights information

In an assistant, the ehcp_calculate_deadlines tool helps with this: EHCP deadlines.

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