The two months are nearly up — is it too late?
Families often find the appeal route with days to spare — after weeks of hoping the council would see sense. Late is not lost: the certificate rule often adds time, and even genuinely late appeals can sometimes proceed.
Phrases to look for on your letter: “you have two months from the date of this letter”
Why this is an appealable position
The deadline is 2 months from the decision letter OR 1 month from your mediation certificate, whichever is LATER — so contacting the mediation adviser late in the window can lawfully extend it. Miss both and the Tribunal still has discretion to admit a late appeal where there's good reason; it's exercised, not guaranteed. What you must never do is wait for the council's 'reconsideration' — that process has no legal effect on your clock.
Your position is strongest when
- You're inside 2 months (act today: mediation call + start the grounds)
- You're past 2 months but within a month of a certificate
- A genuine reason explains lateness (hospitalisation, misinformation by the council)
Evidence to gather now
- Decision letter and its date
- Certificate and its date
- Anything documenting why delay occurred
Your first move
Today: call the mediation adviser (possible extension), note both dates, and draft grounds this week. The form itself is the easy part — SEND35 if you are appealing a plan decision, SEND35A if the council refused to assess, both free on GOV.UK on paper or online. The grounds are the work, and ours takes minutes.
Build my SEND appeal pack — £11.99Answer plain-English questions about the decision and your child, and get Tribunal-ready grounds in minutes — matched to the right HMCTS form, SEND35 or SEND35A.
Common questions
The council is 'reconsidering'. Should we wait?
No — reconsideration doesn't pause the Tribunal clock and is a common way windows die. Appeal anyway; you can always withdraw if the council concedes.
How does your council compare?
Refusal rates vary wildly between councils — England's average is 26.4%, but some councils refuse over 60% of assessment requests. Look up your council's refusal rate — it's context the Tribunal never sees but you should know, and free specialist advice is available from IPSEA (ipsea.org.uk).
Where these rules come from: Children and Families Act 2014, Part 3 · SEND Regulations 2014.