Withdrawing an Appeal

SEND8 – Withdrawing an appeal or claim (publishing.service.gov.uk)

A SEND 8 is the form to complete if you wish to withdraw from an appeal, however:

a) If the Appeal has been lodged (you have sent off your SEND 35/35a) but has not yet been Registered, then we would advise to wait until the Appeal is registered and you have received your Registration Letter (about 6 weeks after your SEND 35/35a Form was sent off) and then the LA will state to SENDIST that the Appeal is unopposed (this means that they have agreed to everything you are appealing) so you do not need to complete this form.

b) If the LA reply to your Appeal before their Response Date (the first date on the Key Dates on the Registration Letter), then they are not challenging your appeal and there is no need to complete this form.

c) If the LA have sent their Response to Appeal Application / R1 (this is the first date on the Key Date on the Registration Letter), which states that they do not oppose your appeal then you do not need to complete this form. If this is the case the LA would draw together a Consent Agreement for you to sign and the LA will send this off to SENDIST for a Judge to consider and issue a Consent Order with instructions, if in agreement.

d) If the LA have sent their Response to Appeal Application / R1 (this is the first date on the Key Date on the Registration Letter), which states that they do oppose your Appeal but later on the LA then agree with your Appeal (so they are conceding), the LA would draw together a Consent Agreement for you to sign and the LA will send this off to SENDIST for a Judge to consider and issue a Consent Order with instructions, if in agreement.

Where the LA send you a Consent Agreement, it will outline what the LA will do after conceding/agreeing to your Appeal, i.e. finalise an EHCP with the agreed changes by a set date.  Completing a SEND 8 instead of signing a Consent Agreement means that this agreement is not documented. A Consent Agreement gives you a route to challenge or reinstate Appeal at a later date.  

e) “I have changed my mind” – you will tick this box if you wish to no longer appeal because you now agree to the School named in Section I or you are now happy with the contents of the EHCP.

f) If you are moving out of Surrey you do not need to complete this form as the Appeal will move to the next LA.

Please contact us before completing this form and we will be happy to advise.

Top section of the SEND 8:

The ‘Appeal Number’ can be found on your Registration Letter.

The ‘Name of the local authority’ is Surrey County Council.

The Hearing date can also be found on your Registration Letter.

The Form should be emailed to:

send@justice.gov.uk with the following subject titles:

“HD (date of the Hearing) | EH (Hearing number) | (your child’s full name) | SEND 8”