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Local authority decisions about EHCPs can be appealed to the First-tier Tribunal. Understanding what can be challenged, how the process works, and what the realistic outcomes are is essential before you start.
This guide explains the legal framework and what you need to know. When you are ready to write the actual letter, SEN Letters UK generates it for you.
When a local authority refuses to carry out an EHC needs assessment, refuses to issue a plan following an assessment, or issues a plan that does not adequately reflect your child's needs, you have the right to appeal. That right is real, it is used, and it is successful for a significant proportion of families who pursue it.
This article explains what can be appealed, how the tribunal process works, and what to consider before you begin.
Section 51 of the Children and Families Act 2014 sets out the decisions that can be appealed to the First-tier Tribunal (Special Educational Needs and Disability). These include:
A refusal to carry out an EHC needs assessment after a request has been made. A decision following an assessment that an EHC plan is not necessary. The content of an EHC plan, including the description of needs in Section B, the description of provision in Section F, and the school or setting named in Section I. A refusal to amend a plan following an annual review. A decision to cease maintaining a plan.
What cannot be appealed directly through the tribunal includes complaints about a school's failure to implement a plan's provisions, that route goes through the local authority and ultimately the Ombudsman. However, if the plan itself is the problem, the tribunal is the right route.
Parents have two months from the date of the local authority's decision letter to lodge an appeal. This deadline is strict. If you are considering an appeal, take action immediately rather than waiting to see if matters improve.
Before appealing, you must consider mediation. The local authority must offer you mediation information, and you must contact a mediation provider before going to the tribunal. However, mediation itself is not compulsory, you can proceed to tribunal without going through it, but you must have the certificate confirming you considered it.
Once your appeal is lodged, the tribunal will set a hearing date, typically several months ahead. Many appeals are resolved before the hearing through negotiation between the parties.
Appeals succeed when they are built on clear, documented grounds. The strongest appeals typically rest on: independent professional evidence that supports the child's needs (an independent educational psychologist report is often valuable); clear documentation of the gap between what is needed and what is being provided; evidence that the local authority has not properly considered the available evidence; and identification of specific errors or omissions in the EHC plan.
Local authorities sometimes issue plans that understate needs or underspecify provision, using vague language like "access to" a service rather than specifying frequency, duration, and who delivers it. These are challengeable on appeal.
The First-tier Tribunal is less formal than a court but it is a legal proceeding. Both parties submit evidence in advance. The hearing involves oral evidence and submissions. The panel, usually three people, including someone with SEN expertise, makes a decision that is binding on both parties.
You can represent yourself at tribunal. Many parents do so successfully. Alternatively, SENDIASS advisers can help you prepare, and some parents engage solicitors or specialist advocates. Legal aid may be available in some circumstances.
Before reaching tribunal, mediation with the local authority offers an opportunity to resolve matters. Mediation is conducted by an independent provider and is free. It does not prevent you from proceeding to tribunal if it is unsuccessful.
Some families find that the local authority is more willing to negotiate once it is aware that an appeal is being pursued seriously. The formal escalation letter before an appeal, setting out your grounds and making clear you are prepared to go to tribunal, sometimes produces results on its own.
Before lodging a formal appeal, a well-constructed letter to the local authority challenging its decision, citing the grounds for challenge and the legislation that supports your position, sometimes prompts a reconsideration without the need for tribunal. SEN Letters UK generates formally worded appeal challenge letters for this purpose.
SEN Letters UK writes the letter for you, professionally worded, legally informed, tailored to your child's situation.
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