Introduction

If you have been unable to reach an agreement on an EHC assessment or plan decision with further discussion and mediation, you can appeal to the Special Educational Needs and Disability (SEND) Tribunal.

Who can appeal

You can appeal to the Special Educational Needs and Disability (SEND) Tribunal if you do not agree with a decision we have made about the following:

• carrying out an education, health and care (EHC) needs assessment
• drawing up an education, health and care plan (EHCP) after carrying out an EHC needs assessment
• amending an EHCP after an annual review
• information within the EHCP including:
  • Section B: the description of your child's special educational needs
  • Section F: the special educational provision set out for your child
  • Section C, D, G and H: the health and social care elements.
• deciding you or your child, or young person, does not need an EHCP anymore.

Read more about who can appeal on the GOV.UK website.

Extended powers for appeals

The SEND Tribunal has recently been given extended powers. This means they can also hear appeals about the health and social care aspects of an EHCP as long as the appeal includes education elements. Read the guidance about extended appeals on the GOV.UK website.

Who can help

If you need help with your appeal, you can contact the Independent Parental Special Education Advice (IPSEA). This national organisation can provide impartial advice and guidance around tribunals. Find out more about how they can help you appeal on the IPSEA website.

1

Access GOV.UK

To appeal an education, health and care (EHC) plan decision, you must access and fill in the relevant form on the GOV.UK website:

• Appeal on behalf of a child or young person
• Appeal as a young person.

The form will ask you to provide:

• a copy of the decision you are appealing against
• the mediation certification - unless you are only appealing Section I of the EHCP.

2

Confirmation

Once you have completed the form, you will:

• receive confirmation that your appeal has been logged
• be notified of the date for the tribunal hearing.