My Appeal Deadline Falls in the School Holidays – What Happens?

Receiving a final EHCP just before the end of term can be incredibly stressful.

Many parents assume that because schools are closed, the appeal deadline will be extended until September.

Unfortunately, that's not how the Tribunal process works.

The Appeal Deadline Doesn't Stop for School Holidays

In most cases, you have:

• two months from the date of the Local Authority's decision letter, or

• one month from the date of your mediation certificate,

whichever is later.

These deadlines continue to run during school holidays, including the summer break.

That means if your final EHCP arrives in July, your appeal deadline may fall during August, even though schools are closed.

Why This Can Be Difficult

Summer can create practical problems for families.

For example:

• your child's SENCO may be unavailable;

• schools may be closed, making it difficult to obtain records;

• professionals may be on annual leave;

• specialist schools may not respond to consultations immediately; and

• families are often away during the holidays.

None of this automatically extends the Tribunal deadline.

Should You Wait Until September?

Usually, no.

If you miss the appeal deadline, you may lose your automatic right to challenge the Local Authority's decision.

Even if you're still gathering evidence or waiting for reports, it's often better to lodge the appeal within the deadline and continue strengthening your case afterwards.

The Tribunal process allows evidence to be submitted as the appeal progresses, so your SEND35 does not need to contain every document you intend to rely upon at the final hearing.

What If You're Waiting for Medical Evidence?

This is another common concern.

Parents often delay appealing because they're waiting for:

• an autism assessment;

• an ADHD assessment;

• an Educational Psychologist's report;

• medical letters; or

• updated therapy reports.

In many cases, it's safer to protect your appeal by lodging it on time and then submitting further evidence as it becomes available.

Every case is different, so it's worth taking advice if you're unsure.

Don't Assume the Local Authority Will Extend the Deadline

Some parents believe that because everyone is on holiday, the Local Authority or Tribunal will simply allow extra time.

Unfortunately, you should never rely on that assumption.

The safest approach is always to work towards the published deadline.

If You're Running Out of Time

If your appeal deadline is approaching:

• work out your deadline as soon as possible;

• obtain a mediation certificate if one is required;

• gather the key documents you already have;

• don't wait for every report before taking advice; and

• seek support as early as possible.

Leaving everything until September can create unnecessary pressure and may leave you with fewer options.

Getting the Strategy Right

Every Tribunal appeal is different.

Some cases are straightforward.

Others involve multiple reports, complex placement issues or significant disagreements about provision.

The earlier you obtain advice, the easier it is to develop a clear strategy before important deadlines expire.

Has this become a placement dispute?

If the final EHCP names an unsuitable school, refuses the specialist placement your child needs or leaves Section I unresolved, I can review the decision and confirm whether the case falls within my placement appeal work.

There is no charge to enquire and no telephone call is required. I reply by email within one working day.