Appealing an EHCP decision in Essex

Name: SEND tribunal appeal rate for Essex, 2024 to 2025
Creator: Department for Education
License: https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/

If Essex has refused an assessment, refused a plan, or written a plan that does not match your child, you can take that decision to the SEND Tribunal. This page shows how often families here do exactly that, and sets out what you can appeal, how long you have, and where mediation fits in.

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11.6%

of appealable decisions were appealed in 2025 (England: 6.6%)

844

appeals registered against Essex in 2025

7,260

decisions Essex made in 2025 that carried a right of appeal

What the appeal rate measures

The appeal rate is the share of appealable decisions that someone challenged. It is not a success rate. Whether those challenges succeeded is a separate figure.

The success figure is separate and it is a national one. Of the appeals that reach a decision, between 95% and 99% are upheld fully or partly in the family's favour, depending on the year. You can read where those figures come from, with the sources set out.

What the Essex figure suggests

Families in Essex appeal noticeably more often than the England average of 6.6%. That can mean decisions here are more often worth challenging, or that parents locally are well supported and know the route. It does not tell you how those appeals ended.

Out of 151 councils with published figures for 2025, Essex has the 13th highest appeal rate. The rate rose from 7.8% in 2024, when 709 appeals were registered.

Essex appeals, 2024 and 2025

Appeals registered from His Majesty's Courts and Tribunals Service. Appealable decisions from the Department for Education. Calendar years.
Measure	Essex 2024	Essex 2025	England 2025
Appeals registered	709	844	26,977
Decisions carrying a right of appeal	9,061	7,260	405,735
Appeal rate	7.8%	11.6%	6.6%

Across England the number of appeals registered rose from 22,276 in 2024 to 26,977 in 2025, and the appeal rate went from 6.1% to 6.6%.

What you can appeal

Section 51(2) of the Children and Families Act 2014 sets out every decision you can take to the Tribunal. You can appeal:

a refusal to carry out an EHC needs assessment
a refusal to issue a plan once the assessment is done
the needs described in Section B of the plan
the provision set out in Section F
the school or type of school named in Section I, or the fact that none is named
a refusal to re-assess
a refusal to amend the plan after a review or re-assessment
a decision to stop maintaining the plan

Contents appeals can be brought when the plan is first finalised and again after any amendment or replacement (section 51(3)). An amended final plan carries fresh appeal rights, which matters if you missed the window the first time round.

How long you have

You have two months from the date the decision notice was sent, or one month from the date your mediation certificate was issued if that falls later. The later of the two is your deadline (Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008, rule 20(1)(c)).

The clock runs from the day the council sent the letter, not the day it landed on your mat or the day you felt able to read it. If the date on the letter is older than you expected, work out your deadline straight away. A late appeal needs the Tribunal's permission, and permission is not automatic (rule 20(4)).

Case Manager keeps a dated log of everything the council did and exports it as a numbered chronology for the hearing. Sign up for Case Manager

Work out your appeal deadline before anything else

Two months goes quickly when you are also chasing the council. Put in the date on your decision letter and we will tell you the exact day your appeal window closes, along with every other deadline running in your case.

Work out my dates, free How the appeal works

Mediation comes first, in most cases

Before you can appeal, a mediation adviser normally has to issue you a certificate. That happens either because you took part in mediation, or because you took the information and decided mediation was not for you. Either way you get the certificate, and either way you keep the right to appeal (Children and Families Act 2014, section 55(3)).

You must contact the adviser within two months of the decision notice (SEND Regulations 2014, regulation 33). If you decline mediation, the certificate must follow within three working days (regulation 34(1)). If you go ahead with it, the council has 30 days to arrange it (regulations 35(3) and (4)).

There is one exception. You do not need a certificate at all if your appeal is only about the school named, the type of school, or the fact that no school is named (section 55(2)). Mediation is free, it is voluntary, and taking part does not weaken your appeal. There is more in our guide to EHCP mediation.

If the Tribunal agrees with you

Regulation 44(2) of the SEND Regulations 2014 then sets a deadline for each kind of order. If the Tribunal orders an assessment, Essex must tell you within two weeks and then either decide not to issue within ten weeks or issue the final plan within fourteen. If it is ordered to amend the provision in Section B or F, the amended plan is due within five weeks. A change of named school is due within two.

If the council concedes before the hearing, regulation 45 sets its own deadlines, generally four weeks for an assessment or an amended plan on contents, and two weeks for placement. These are the dates people most often lose track of.

An appeal turns on dates and documents. Case Manager keeps a dated log of everything the council did, exports it as a numbered chronology for the hearing, and tracks the weeks the council has to comply once an order is made. One subscription covers up to four children.

£29 a month. Cancel from your account at any time and your case stays readable.

Have the appeal deadlines emailed to you

We will send you the appeal window, the mediation timings and the four other statutory deadlines, each with the rule behind it. Then a short series on what to do when Essex misses one. Free, and one click to stop.

Common questions about appealing in Essex

How many people appeal against Essex?

844 appeals were registered against Essex at the SEND Tribunal in 2025, from 7,260 decisions that carried a right of appeal. That is an appeal rate of 11.6%, against 6.6% across England. Appeals are counted by His Majesty's Courts and Tribunals Service and appealable decisions by the Department for Education.

Does a high appeal rate mean Essex loses more appeals?

No. The appeal rate counts how many decisions were challenged, not how many challenges succeeded. Nationally, of the appeals that reach a decision, between 95% and 99% are upheld fully or partly in the family's favour, depending on the year.

How long do I have to appeal a decision by Essex?

Two months from the date the decision notice was sent, or one month from the date your mediation certificate was issued if that falls later (Tribunal Procedure (First-tier Tribunal) (HESC) Rules 2008, rule 20(1)(c)). The clock runs from the date the letter was sent, not the date you opened it.

Do I have to try mediation before appealing Essex's decision?

You have to consider it. In most cases you can only appeal once a mediation adviser has issued a certificate, either because you took part in mediation or because you had the information and decided against it (Children and Families Act 2014, section 55(3)). You do not need a certificate if your appeal is only about the school named, the type of school, or the fact that no school is named (section 55(2)). You must contact the adviser within two months of the decision notice (SEND Regulations 2014, regulation 33).

What can I appeal about in Essex?

A refusal to carry out an assessment, a refusal to issue a plan after assessment, the needs in Section B, the provision in Section F, the school or type of school in Section I or the fact none is named, a refusal to re-assess, a refusal to amend after a review, and a decision to stop maintaining the plan (Children and Families Act 2014, section 51(2)).

Where to get help in Essex

Your local SENDIASS gives free, impartial advice on appeals and can often help with the forms. Find your local service. IPSEA runs a free advice line and has detailed appeal guidance, including model letters.