SEND Tribunal Pilot Scheme – Appealing EHCPs


The Law Of... appealing social and health care provisions in EHCPs

Whilst those with Education, Health and Care Plans (EHCPs) can normally only appeal against the description of education needs, provision to meet those needs, and school, a pilot scheme that is due to end shortly has given some parents the right to appeal against the health and social care sections in the EHCP.

Those with EHCPs have a short time to appeal to the SEND Tribunal over health & social care issues.

Samantha Hale, Associate Solicitor in Education and Community Care, discusses the advantages of a pilot scheme established to allow the Tribunal to consider social and health care sections of the EHCP in some appeals and why you should reap the benefits of the scheme before it ends.

Do You Live In Any Of These Areas?

  • London Borough of Barking and Dagenham
  • Bedford Borough Council
  • Blackpool Council
  • Buckinghamshire Council
  • Cheshire West and Chester Council
  • Ealing London Borough
  • East Riding of Yorkshire Council
  • East Sussex Council
  • London Borough of Hackney
  • Kent County Council
  • London Borough of Lambeth
  • Liverpool City Council
  • Northamptonshire Council
  • Sandwell Metropolitan Borough Council
  • Stockport Metropolitan Borough Council
  • Wokingham Borough Council

If you live in one of the above areas, does your child or do you – as a young person – have an EHCP? If the answer to this question is yes, then you should be aware of a pilot scheme, due to end soon, which might benefit you.

What Is The Pilot Scheme?

The pilot scheme allows parents and young people to appeal against the description and provision of health and social care needs in EHCPs. However, this pilot scheme will be ending on 31st August 2016.

How Can I Take Advantage Of This Pilot Scheme?

You need to live in one of the areas listed above and have a current right of appeal to the First-tier Tribunal (Special Educational Needs and Disability) against a final EHCP or refusal to amend an EHCP. If you are unsure of whether or not you have a current right of appeal, please contact us on 0808 129 3320 and we can advise you as to whether or not you can appeal.

If you are eligible, you must lodge your appeal so that it is received by the Tribunal before 31st August 2016.

What Benefit Is There To Lodging An Appeal As Part Of This Pilot?

Usually, you cannot appeal health and social care matters in an EHCP. However, under this pilot scheme, when the Tribunal is reviewing an appeal that contains issues relating to health and social care they can make recommendations for amendments to these sections if you ask them to.

As the pilot scheme ends on 31st August, the Tribunal won't consider any health or social care provisions they receive after this date. If you are living in a local authority where the pilot scheme is taking place and you have a current right of appeal against a final EHCP or refusal to amend an EHCP, we recommend that you take advantage of this scheme before it ends.

What If I Do Not Live In An Area Taking Part In The Pilot?

If you do not live in an area taking part in the pilot or if you do not submit an appeal so that it is received by the Tribunal before 31st August 2016, you cannot ask the Tribunal to consider amendments to the health and social care sections of the EHCP. As each plan is tailored to a specific person, it's important to seek legal help if you need to amend any of the sections. We can identify what options are available to you, and advise you on the best way to challenge the content of an EHCP so that it correctly addresses your needs or those of your child.

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