Appealing an EHCP

A EHCP is a legal document plan that outlines the child, or young person’s educational, health and social care needs, and details the extra support required to meet those needs. There is a substantial amount of case law about the content of an Education, Health & Care Plan (EHCP) and how it should be drafted. If you are not satisfied with the contents of the EHCP, you are entitled to appeal this to the SENDIST.

What should be included in an EHCP?

In an EHCP issued by any local authority, each section must be clear, concise, detailed, understandable, accurate and must include the following:

• The views, interests and aspirations of the child or young person - Section A
• Special educational needs – Section B
• Health needs – Section C
• Social care needs – Section D
• Outcomes sought for the child or young person – Section E
• Special educational provision – Section F
• Health provision – Section G
• Social care provision – Section H
• School placement – Section I
• Personal Budget – Section J
• List of advice – Section K

If you are unhappy with the contents of EHCP

The EHCP must provide an accurate description of a child or young person’s SEND. The provision must address all of the needs identified. The placement must be able to deliver the support required to meet the child or young person’s needs.

If you are unhappy with the decisions made in the EHCP provided by your local authority, you can start an appeal to the Special Educational Needs and Disability Tribunal (SENDIST) and we can assist at any stage.

Appealing an EHCP FAQs

What is the EHCP appeal process?

Before any appeal, you are required to consider mediation.

If you do not reach an agreement with the local authority during mediation, or if you decide not to try mediation, your next option is an appeal to the SENDIST. Appeals can be complex, and for the best chance of EHCP appeal success, you must be able to present the case in such a way that the evidence you have supports your case with reference to the law.

How can SEN Experts help my appeal?

Our experts have vast experience in appealing EHCP contents and can help compile your evidence, seek further evidence as necessary, and help form arguments to support your case. We can also represent you at the final hearing should you need us to.

We will provide clear and detailed advice, from the outset, about your prospects of success and about our costs. We work on an hourly basis, meaning you are in charge of costs at all times and can choose how much support you need throughout your case.

Are there time limits on making an appeal against local authorities?

If you are considering an appeal against a local authority’s decision, you will have either two months from the date on their decision letter, or one month from the date of a mediation certificate to lodge an appeal with the independent Special Educational Needs and Disability Tribunal (SENDIST). We advise not missing the deadline, as there would be no guarantee your appeal would be accepted late by the SENDIST.