Appeal to the Special Educational Needs and Disability (SEND) Tribunal if you disagree with a decision your local authority has made about a child or young person’s education, health and care ( EHC ) needs or plan. You can appeal if you do not agree with the EHC plan your local authority has made, or if they: refuse to carry out an EHC assessment or reassessment refuse to create an EHC plan after carrying out an assessment or reassessment refuse to change the sections of an existing EHC plan which are about education (sections B, F and I) decide you or your child does not need an EHC plan any more The process is different if you’re in Wales , in Scotland or in Northern Ireland . In most cases, you must talk to a mediation adviser before you appeal. You can appeal: on behalf of a child or young person as a young person Help you can get Check if you can get legal aid . You can also get free help and advice from: the Independent Parental Special Education Advice (IPSEA) your local Parent Partnership Service through the Information, Advice and Support Services (IASS) Network

What you need to appeal Your decision letter will tell you what you need to appeal. You can also speak to other organisations that are listed in your letter or with your special educational needs coordinator (SENCO). Mediation In most cases, you must consider mediation before you appeal to the tribunal. Mediation is when an impartial professional (the mediator) helps both sides work out an agreement. It’s confidential and usually quicker than going to the tribunal. You do not have to consider mediation if your appeal is only about which school or other institution you or your child should attend (Section I of the EHC plan). How to arrange mediation Your local authority will have sent you a letter giving their decision about the EHC plan. The letter will tell you how to contact a mediation service. If you do not have the letter, contact your local authority to get details of your local special educational needs mediation service. A mediation adviser will explain how mediation works. If you want to go ahead, they’ll bring you and your local authority together to discuss the problem. At the end they’ll give you a mediation certificate, which you’ll need if you still want to appeal. If you do not want mediation You still need to contact the mediation service to get a mediation certificate so that you can appeal. If you do not have a mediation certificate you will need to tell the tribunal why.

Appeal on behalf of a child or young person

You can appeal on behalf of a child or young person if they are under school leaving age . If your child is over the school leaving age, they may be able to appeal on their own behalf instead. The tribunal must receive your appeal within 2 months of the date on the local authority’s decision letter or a month from the date of the mediation certificate - whichever is later. Appeal online You cannot appeal online if your child is in custody or your local authority has not carried out an an EHC assessment. You can appeal by post or email. Appeal now Appeal by post or email Download and fill in form SEND35 . There’s a different form if: you’re appealing a local authority’s decision not to carry out an EHC assessment ( form SEND35A ) your child’s in custody and is under school leaving age or is over school leaving age but under 18 What happens after you appeal The tribunal will review your appeal and respond to you within 25 working days. When they respond, they’ll tell you: if there will be a hearing more details about the hearing, if you’ll have one the deadline for sending in more information about your appeal The tribunal will send your appeal to the local authority who will have 30 working days to respond to you. Change or withdraw your appeal You can change or withdraw your appeal before the hearing. Download and fill in: form SEND7 to change your appeal, for example ask for a different hearing date or add more witnesses form SEND8 to withdraw your appeal

Appeal as a young person

You must be over school leaving age but under 25. You must also be either: in education, for example at a school or college - or trying to get into one taking part in an apprenticeship, internship or workplace scheme - or trying to get into one You cannot appeal if you’re studying at university, or trying to get into one. The tribunal must receive your appeal within 2 months of the date on the local authority’s decision letter or a month from the date of the mediation certificate - whichever is later. If you cannot appeal, a parent may be able to appeal on your behalf instead. Appeal online You cannot appeal online if you’re in custody or your local authority has not carried out an an EHC assessment. You can appeal by post or email. Appeal now Appeal by post or email Download and fill in form SEND35 . There’s a different form if: you’re appealing a local authority’s decision not to carry out an EHC assessment ( form SEND35A ) you’re in custody and you’re under school leaving age or you’re over school leaving age but under 18 What happens after you appeal The tribunal will review your appeal and respond to you within 25 working days. When they respond, they’ll tell you: if there will be a hearing more details about the hearing, if you’ll have one the deadline for sending in more information about your appeal The tribunal will send your appeal to the local authority who will have 30 working days to respond to you. Change or withdraw your appeal You can change or withdraw your appeal before the hearing. Download and fill in: form SEND7 to change your appeal, for example ask for a different hearing date or add more witnesses form SEND8 to withdraw your appeal

What happens at the hearing

The tribunal will hold the hearing via video link or at a venue within 2 hours of your home. You’ll get a copy of documents about your appeal at least 10 days before the hearing. This will tell you where the hearing will be and at what time. You do not have to go to the hearing, but if you do you can ask questions and present the case yourself. You might be asked questions by: your legal representative (if you have one) the local authority’s representative the tribunal If there are changes made before the hearing If the date or venue of the hearing is changed, you’ll be told at least 48 hours before the hearing starts. Who’ll be at the hearing The hearing will usually be attended by: a judge and 1 or 2 other tribunal members a clerk someone representing the local authority expert witnesses You must fill in a case review form if you want to bring: someone to represent you someone to support you any witnesses If you’re appealing as a young person, both of your parents can come to the hearing as well as a representative. Children can attend the hearing and give evidence if they want to. If you need support at the hearing You can ask to have an interpreter at the hearing. They’ll translate what happens but they cannot represent you or give you legal advice. If you have a disability or health condition that could affect you taking part in a hearing, you can let the tribunal know you’ll need reasonable adjustments . Tell the tribunal if you need adjustments when you make your claim or at any time during the claim process. You can also use intermediary services if you need communication support at the hearing, such as help with rephrasing questions. If you’re outside the UK If you or your witness or representative is outside the UK and wants to give live video or audio evidence, contact the tribunal to request it. Tell the tribunal what country you, the witness or representative is in and what type of evidence is being given. You must do this as soon as possible. Claim expenses You might be able to claim travel expenses for going to the hearing. Your witnesses might also be able to claim expenses for travel and loss of earnings . If you bring a friend or relative to the hearing, you might also be able to claim for their travel costs. You’ll be sent a form to make the claim. When you’ll get a decision You’ll usually get the tribunal’s decision by letter or email within 10 working days of the hearing.

If you win your appeal

If you win your appeal, the local authority must act on the tribunal’s decision within a set amount of time. Decision When local authority must act Start assessment or reassessment Within 2 weeks Make an EHC plan Within 5 weeks Change the needs or provision (sections B or F) in the plan Within 5 weeks Change the school or placement (section I) in the plan Within 2 weeks Continue with a plan Immediately Cancel a plan Immediately You can complain to the Local Government Ombudsman if the local authority does not act on the decision. Local Government Ombudsman Enquiry form Telephone: 0300 061 0614 Find out about call charges Local Government Ombudsman PO Box 4771 Coventry CV4 0EH

If you lose your appeal

You might be able to: get the decision ‘set aside’ (cancelled) if you think there’s been a mistake in the process ask the tribunal to ‘review’ the decision, for example if your circumstances have changed since you got the decision or the decision contains a mistake ask for permission to appeal to the Upper Tribunal (Administrative Appeals) Chamber if you think the tribunal’s made a mistake and acted against the law Your decision letter will tell you how to get the decision set aside or ask the tribunal to review the decision. Appeal to the Upper Tribunal You must ask for permission to appeal within 28 days of the date of the tribunal’s decision letter. Contact the Special Educational Needs and Disability (SEND) Tribunal if you have any questions about completing the form. The tribunal cannot give you legal advice. Special Educational Needs and Disability Tribunal sendistqueries@justice.gov.uk Telephone: 01325 289 350 Fax: 01325 391 080 Find out about call charges

The tribunal will make a decision based on: Chapter 10 of the Special Educational Needs and Disability Act 2001 Children and Families Act 2014 Code of Practice for Special Educational Needs 2014 Special Educational Needs and Disability Regulations 2014 Tribunal Procedure (First–tier Tribunal) (Health, Education and Social Care Chambers) Rules 2008 The tribunal will use the following practice directions: First Tier and Upper Tribunal Child, Vulnerable Adult and sensitive witnesses Health Education and Social Care Chamber Special Educational Needs or Disability Discrimination in Schools Cases Conclusion of the pilot to test the composition of a panel in the First-tier Tribunal (Special Educational Needs & Disability) (FtT-SEND) Appeals Against Statements of Special Educational Needs

Appeal an education, health and care (EHC) plan decision

Who can appeal

Appeal to the Special Educational Needs and Disability (SEND) Tribunal if you disagree with a decision your local authority has made about a child or young person’s education, health and care (EHC) needs or plan.

You can appeal if you do not agree with the EHC plan your local authority has made, or if they:

refuse to carry out an EHC assessment or reassessment
refuse to create an EHC plan after carrying out an assessment or reassessment
refuse to change the sections of an existing EHC plan which are about education (sections B, F and I)
decide you or your child does not need an EHC plan any more

The process is different if you’re in Wales, in Scotland or in Northern Ireland.

In most cases, you must talk to a mediation adviser before you appeal.

You can appeal:

Help you can get

Check if you can get legal aid.

You can also get free help and advice from:

the Independent Parental Special Education Advice (IPSEA)
your local Parent Partnership Service through the Information, Advice and Support Services (IASS) Network

View a printable version of the whole guide

Appeal an education, health and care (EHC) plan decision

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