When to appeal a SEND decision (Education, Health and Care Needs Assessments or EHC Plans)
If the Local Authority (LA) makes a decision regarding the EHC Plan process that you do not agree with then parents and young people (after the end of year 11) can make an appeal to the (First-Tier) Tribunal.
If you wish to register an appeal with the First Tier Tribunal (SEN and disability) you first have to consider whether to enter mediation and obtain a certificate saying you have considered it. This is called mediation advice. If you decide not to go into mediation and tell the mediation adviser, they will send you a certificate within 3 working days and you can then register your appeal. You do not have to go into mediation if you do not want to – you only have to consider whether to or not.
For further information about mediation in Bath and North East Somerset, please visit the Global Mediation page.
What you can appeal
- A decision by the local authority not to carry out an EHC needs assessment or re-assessment
- A decision by the local authority not to issue an EHC plan following an EHC assessment
- The contents of the EHC plan
- Amendments made to the EHC elements of the plan
- A decision made by the local authority not to amend the EHC plan following a review or re-assessment
- A decision made by the local authority to cease to maintain the EHC plan
- The Government are extending the powers of the First-tier Tribunal (SEND), to make non-binding recommendations about the health and social care aspects of Education, Health and Care (EHC) plans as part of a two-year trial.
Parents and young people have two months to register a SEN appeal with the Tribunal from the date the local authority sent the notice containing a decision
or
One month from the date of certificate issued following mediation or receiving mediation advice.
You can find out more about appeals to the Tribunal in the SEND Code of Practice sections 11.39 to 11.55.
How to lodge an appeal
Following mediation or receipt of a mediation certificate parents and young people can lodge an appeal with the First Tier Tribunal:
Advice on making SEND appeals to the Tribunal and the appeal form is available on the GOV.UK website and further guidance can be found in the trial toolkit of support.
How to appeal can be obtained from:
HM Courts & Tribunals Service, Special Educational Needs & Disability Tribunal, 1st Floor, Darlington Magistrates’ Court, Parkgate, Darlington, DL1 11RU
Telephone 01325 289350,
or email sendistqueries@hmcts.gsi.gov.uk
What can the Tribunal decide?
The Tribunal has powers under the Children and Families Act 2014 to:
- Dismiss appeals
- Order the local authority to carry out an EHC assessment
- Order the local authority to make or maintain an EHC plan
- Amend or correct the existing EHC plan
In making decisions about the special educational provision specified in the EHC plan the Tribunal should take in to consideration the education and training outcomes specified in the EHC plan, and whether the educational provision will enable and empower the child/young person to progress towards achieving their aspired outcomes.
SEND Tribunal: Extended Appeals
Since 2021 following a trial period, the SEND Tribunal now represents a single route of redress for children and young people with special educational needs and disabilities who also have health and social care needs. Find out more about the SEND Tribunal: Extended Appeals information page.