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