- 14 Feb 2022
Yes. An appeal has to be made within 2 months after written notice of the decision or final statement or EHCP is sent to (i.e. not received by) parents or young person or, if later, within 1 month from the date of issue of the mediation certificate (FTT (HESC) Rules 2008 r20(1)(c)).
If an appeal is made after the deadline, the FTT will consider: (1) length of delay, (2) reasons for the delay, (3) the chances of the appeal succeeding and (4) degree of prejudice to the respondent if the application is granted: KS v FTT and CICA  UKUT 281 (AAC)#11. These were approved in CM v Surrey CC (SEN)  UKUT 4 (AAC) #15, in which emphasis was placed on the fact that it is not only the explanation of the delay that is relevant.
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