If the local authority has made decisions in the EHCP that you do not like, you can appeal this.
A child's parents or carers can make an appeal. A child can make an appeal in their own right. Once you have received the local authority's decision letter, you normally have 2 months to make an appeal to the tribunal.
To appeal, you will apply to the Health, Education and Social Care (HESC) Chamber of the first-tier tribunal. The tribunal system is a more informal court of law that hears civil disputes. The tribunal process is aimed to be user-friendly. This is so parents, carers, or young people should not need to have legal representation.
Parents, carers, and young people must first consider mediation. They need to get a certificate from a mediation advisor before they can register for an appeal. This certification confirms that mediation has been explored before an appeal. For more information, please view our mediation and disagreement resolution page.
Parents and young people can appeal to the first-tier tribunal about:
- A decision by the local authority not to conduct an EHC needs assessment or re-assessment
- A decision by the local authority not to issue an EHC plan after an assessment
- The description of the child or young person's special educational needs outlined in the EHC plan
- The specified required services outlined in an EHC plan
- The specified education institution, or lack thereof outlined in the EHC plan
- Any amendments to the previous elements of the EHC plan
- A decision by the local authority not to amend an EHC plan following a review or re-assessment
- A decision by the local authority to cease to maintain an EHC plan
- Disagreement over the name of the setting, or other educational establishment named in the EHC plan
- Disagreement over the type of setting, or other educational establishment named in the EHC plan
- If no setting or other educational establishment has been named in the plan
- Disagreement in relation to the child or young person's special educational needs set out in the EHC plan
Since 3 April 2018, the powers of the First-tier Tribunal (SEND) have been extended to also make non-binding recommendations about the health and social care aspects of Education, Health and Care plans as part of a two-year trial. Please see the information on the 'Single Route of Redress – National Trial.'
Independent Parental Special Education Advice (IPSEA) offers free and independent legally based information, advice and support to help get the right education for children and young people with all kinds of special educational needs and disabilities (SEND).