Appealing Decisions About an Education, Health and Care (EHC) Plan

If you disagree with a decision made by the Local Authority about your child’s Education, Health and Care (EHC) Plan, you may have the right to appeal to the SEND Tribunal.

Before registering most appeals, you must contact the mediation adviser service.

Step 1: Contact the Mediation Service

The first step is to contact Global Mediation, the mediation adviser for SEND appeals.

Mediation advisers will explain:

  • Your appeal rights.
  • How mediation works.
  • The issues that can be considered through mediation.

After receiving mediation advice, you can:

  • Request a mediation meeting; or
  • Ask for a mediation certificate, which confirms you have considered mediation.

The Tribunal will not be told whether you chose to participate in mediation.

Find out more about mediation:
Global Mediation

Step 2: Register Your Appeal

If mediation is unsuccessful, or you decide not to take part, you can submit an appeal to the SEND Tribunal.

Register an appeal:
SEND35 Appeal Form

What Can Be Appealed?

You can appeal decisions relating to:

Section B

Your child’s special educational needs.

Section F

The special educational provision required to meet those needs.

Section I

The school or educational setting named in the EHC Plan.

You can also appeal if no educational setting has been named.

What Cannot Be Appealed?

The Tribunal cannot hear appeals solely about:

  • Section A – Views, wishes and aspirations.
  • Section E – Outcomes.
  • Section J – Direct payments.

However, if changes are made to Sections B or F, related amendments may sometimes be made to other sections of the plan.

Health and Social Care Issues

The SEND Tribunal can consider disagreements about health and social care provision alongside an education appeal.

This means you must already be appealing educational aspects of the EHC Plan (Sections B, F and/or I).

The Tribunal can:

  • Make legally binding decisions about education provision.
  • Make recommendations regarding health and social care provision.

While recommendations are not legally binding, they are generally expected to be followed.

Gathering Evidence

Strong evidence is essential in supporting your appeal.

Evidence may include:

  • Educational Psychology reports.
  • Speech and Language Therapy reports.
  • Occupational Therapy reports.
  • School reports and assessments.
  • Annual Review paperwork.
  • Professional letters and assessments.
  • Written statements from parents and carers.
  • The views of the child or young person.
  • Examples of work and progress over time.

Independent professional reports can also be helpful where additional evidence is needed.

How SIASS Can Help

SIASS can:

  • Explain the appeals process.
  • Help you understand mediation.
  • Discuss what evidence may be useful.
  • Signpost you to specialist organisations and legal advice.
  • Help you prepare for tribunal proceedings.

If you would like to discuss your situation, please contact our helpline and we will be happy to talk through your options.