How to Appeal an Education, Health and Care Plan (EHCP)

Review Appeal Process Details

When you receive your EHCP, the Local Authority must send you a covering letter with the final EHCP and this must set out details of how the child’s parents or young person can appeal to the Special Educational Needs and Disability (SEND) Tribunal if you do not agree with the contents of the EHCP. The letter must also include details of disagreement resolution services available and, importantly, must clearly set out the steps and timescales to lodge an appeal with the SEND Tribunal.

For advice get in touch with our Education Law Solicitors.

Consider Mediation

Before lodging an appeal, the child’s parents or the young person must show they have considered taking part in mediation with the Local Authority. The details of how to contact a mediation provider (who are independent from the Local Authority) must be set out on the Local Authority’s covering letter to the final EHCP. You must speak to a mediation advisor before appealing but there is no requirement to actually mediate. .

If you’re unsure about how mediation works, your mediation adviser should explain the entire process clearly so that you can make a decision on how to proceed. If you choose to proceed then the mediator should bring both you and the Local Authority together to discuss the issues directly. At the end of the mediation, you’ll be given a mediation certificate which you will need to keep hold of to appeal. You will be given this certificate regardless of the outcome of the mediation. If you choose not to mediate then you will receive the certificate following the initial advice call with the mediator.

However, there are some exceptions. You don’t have to consider mediation if your appeal is only about the school placement that is named on the EHCP (Section I). If you’re unhappy about the school named, you can appeal the decision straightaway.

Complete a SEND Tribunal Appeal Form

A SEND Tribunal appeal form will also need to be completed, and these can be downloaded from the government’s SEND Tribunal website. You’ll need to confirm the Sections of the EHCP you wish to appeal.

An appeal can be lodged in relation to Sections B, F and I (educational Sections). Section I names the placement. U  Appeals can also be brought in relation to the health and social care Sections (C, D, G and H) for the SEND Tribunal to make non-binding recommendations. It’s important to remember that health and social care Sections can only form part of an appeal that is addressing at least one of the educational Sections above.

You’ll need to address the following in the form:

• Who the appeal is regarding
• What you’re appealing against specifically
• Why you’re appealing
• Health and social care recommendations
• Special need requirements for the hearing

Do’s and Don’ts for the Appeal Form

When you are submitting your appeal, there are certain things that you should do and avoid. Here’s a quick guide on how to make the appeal process as simple as possible:

Do:

• Keep it concise– when you’re giving your reasons for the appeal, keep to the point. You don’t want to expand on details that simply don’t matter. Allow the person who is reading your appeal the chance to learn about what matters the most.
• Use headings – format your writing accordingly and break down your points into paragraphs. This makes it much easier for your points to be understood.
• Evidence – if you have supporting evidence that backs up the points that you’re making, you should refer to them accordingly. You will be able to provide your evidence and you should also let them know if you know there’s evidence but it’s not available yet, but you intend to send this later.
• Legal issues – highlight any legal issues that are relevant to your appeal.

Don’t:

• Talk about previous events – if there have been lots of difficulties with you and the Local Authority, don’t focus on these during the appeal. Only discuss what’s relevant to the appeal directly and let the supporting evidence speak for itself. Remember that the Tribunal is forward looking. 

Provide Supporting Documents

Our Education Solicitors recommend you provide as much evidence as you can to support the reasons why you want to appeal the final EHCP. This could include therapy reports, parental contribution or information from school. Once an appeal is registered, you will be given further dates to provide more evidence and develop your arguments.

Timescales

An appeal with all the above documents, as well as the Local Authority covering letter and the final EHCP, must be lodged with the SEND Tribunal (this can be sent by email) by the latest of the following dates:

• Either within 2 months of the date of the Local Authority’s covering letter, or
• Within 30 days of the date of the mediation certificate.

It’s important to get your appeal lodged within the timescales so this doesn’t cause delays in the SEND Tribunal registering the appeal.

The SEND Tribunal appeal process is designed to be parent-friendly. However, appeals can be very time-consuming and increasingly legally complex. If you have received the final EHCP and have questions or concerns about appealing, our specialist team of Education Solicitors and Lawyers can help you.

EHCP Appeal FAQs

Who Can Appeal an EHCP?

An EHCP appeal can be done by either the parent, guardian, carer, or the young person. But it’s important to know that the right to appeal is given once the EHCP is finalised. If you’re unhappy with the draft EHCP, you will be able to provide feedback and comments which will be taken into consideration before the final EHCP is written.

What Can I Appeal Against?

There are a number of things that you can make an appeal for, including:

• The school that is named in the EHCP
• The content of the EHCP, such as provisions and the needs of the pupil

These can be appealed under their appropriate sections. For example, if you’re appealing the school placement, this is under Section I, whereas if you’re appealing the description of your child’s needs this is under Section B.

Will a Solicitor Help My Appeal?

You are not required to have a solicitor when appealing but many of the families we assist, consider that the input was helpful and increased their chances of success. 

Can My Child Appeal for Themselves?

Yes, your child will be able to process an appeal as long as they are over the school leaving age and have capacity to do so.

How We Can Help

We have experienced SEN solicitors who can represent your case at the tribunal to make sure that your appeal is dealt with properly and your case is properly put forward.

If you aren’t happy with your child’s EHCP and you would like to make an appeal, please get in touch with our expert team today. We are ready to give you practical legal advice and support your case by representing you during your appeal.