SEND Tribunal appeal deadlines: what are they?

You generally have two months from the date of the local authority's decision letter to lodge an appeal, or one month from the date mediation ends, whichever is later.

What's the actual deadline?

Two months from the decision letter, or one month from when mediation concludes, whichever gives you more time. Missing it doesn't automatically end the process, the Tribunal has discretion to admit late appeals in certain circumstances, but there is no entitlement for a late appeal to be accepted.

Does mediation change the deadline?

Yes, in your favour. In most cases, a mediation certificate is needed before you can register an appeal, confirming mediation has been considered, covered in more detail here. Choosing mediation doesn't close off your right to appeal afterward.

Is there any situation where the mediation step doesn't apply?

Yes. If your appeal is only about the school, college, or type of setting named in Section I of the plan, a mediation certificate isn't required at all.

What should you do if you're close to the deadline?

1. Confirm the exact date of your decision letter or mediation certificate
2. Register your appeal in writing before the deadline, even with limited detail, more can usually be added later
3. Keep a dated copy of everything you submit

Working out exactly where you stand against these deadlines is one of the most common sources of anxiety for parents doing this alone. SEND Assistant helps you track exactly where you are in the process and what's due when. Try SEND Assistant free.

Frequently asked questions

What counts as the start date if I never got a letter?

The clock generally runs from when the decision was actually communicated to you, keep any evidence of when and how you were told.

Can the deadline be extended just by asking?

Not automatically. The Tribunal has discretion in specific circumstances, but there's no guaranteed extension.

Does postal delay count against me?

Deadlines are usually calculated from the letter's date, not when it physically arrived.

What happens if I miss it entirely?

You may still be able to apply for permission to appeal late, but this isn't guaranteed and shouldn't be relied on.

Do weekends and holidays count toward the deadline?

Generally yes, the time limit runs in calendar months, not working days.

This article is for general information only and does not constitute legal advice. Access to Justice is not a law firm and cannot represent you.