Appealing an EHC plan decision in England

In short

• You can appeal to the First-tier Tribunal (SEND) about several council decisions, including a refusal to assess and the content of a plan.
• Before most appeals, you must speak to a mediation adviser and receive a mediation certificate.
• The usual deadline is two months from the date of the council's decision letter. Check your letter, as some deadlines are different.
• Free, independent advice is available from SENDIASS and other charities.
• This guide covers England only.

What you can appeal

Under section 51 of the Children and Families Act 2014, parents and young people can appeal to the First-tier Tribunal (SEND) about several decisions. These include:

• a decision not to carry out an EHC needs assessment
• a decision that special educational provision is not necessary, after an assessment
• the special educational needs, provision or named school in an existing plan
• a decision not to re-assess, or not to amend or replace a plan after a review
• a decision to stop maintaining a plan

Health and social care parts of a plan can be included in an appeal, but there must also be an education issue.

Mediation first

Before you can appeal, you usually need to speak to a mediation adviser. Under section 55 of the Act, the appeal can only go ahead if a mediation adviser has issued a certificate. A certificate is issued in two situations:

• you tell the adviser that you do not want to pursue mediation, or
• you take part in mediation and the process does not settle the matter

You do not have to agree to mediation. Mediation is a voluntary, facilitated discussion, and you are free to decline it. The adviser's role is to give you information and advice about the process.

There is an exception. If your appeal is only about the school or college named in the plan, the type of school named, or the fact that no school is named, you do not need a mediation certificate first.

Time limits

The standard deadline is two months from the date of the council's decision letter. Where a mediation certificate is needed, the deadline can be one month from the date of the certificate if that is later. Local council guidance describes both routes, but the dates in your own letter and certificate are what matter, so check them carefully and write them down.

If you miss the deadline, you can still ask the tribunal to extend the time. You will need to explain why you were late. Tribunals usually expect a good reason, so act as early as you can.

Making the appeal

To appeal, you complete the appeal form, which is available from GOV.UK, and send it to the tribunal. Include a copy of the decision letter, and any evidence that supports your case, such as reports from professionals, school records or the draft plan.

The tribunal is part of HM Courts and Tribunals Service. Many appeals are decided on paper, but some involve a hearing. Parents and young people can attend and speak. You can also bring a supporter or ask someone to represent you.

Before a hearing, the council will usually set out its position. Read it carefully and compare it with your evidence. Ask for clarification in writing if anything is unclear.

Getting help

You do not need to manage this alone. Useful sources of help include:

• your local SENDIASS, which offers free and confidential information and support
• IPSEA, a charity that gives free legal advice on special educational needs
• your child's school or college, which may be able to provide evidence
• a mediation adviser, who can explain the process without charge

Keep a written record of every stage. Dates, names and copies of letters help you and any adviser you work with.

This guide is general information, not legal advice.