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EHCP Appeal guide for parents and carers

5 August 2023

If you are looking to challenge a decision regarding an Education, Health and Care Plan you can follow these steps..




1.  Read the letter that came with the EHCP decision you wish to challenge. Identify the aspects you want to dispute and comprehend the reasoning behind the decision.


2. Get in touch with charities or companies that specialise in assisting families with children who have special educational needs. They can provide guidance and advice throughout the appeals process. EHCP 4 Kids is one such organisation that takes pride in doing this.


3. Before starting an appeal, you can attempt mediation with the local authority. Mediation involves an independent mediator who helps both parties discuss the issues and try to reach an agreement. If mediation fails, you may proceed with the appeal. Note that you do not have to go through with mediation, but you will need the mediation certificate to file your appeal.


4. To start the appeal process, you must register your appeal with the Special Educational Needs and Disability Tribunal. The SEND Tribunal is an independent body that handles appeals related to EHCPs.


5. There are strict time limits for registering an appeal, usually within two months of receiving the local authority's decision, or one month from the date on the mediation certificate.


6. Grounds for Appeal - Your appeal must be based on one or more of the following grounds:

- The local authority's decision not to carry out an assessment for an EHCP.

- The local authority's decision not to issue an EHCP after the assessment.

- The contents of the EHCP, such as the provision or placement detailed in the plan.

- The local authority's decision to cease the EHCP.

- The local authority's decision not to amend the EHCP.


EHCP 4 Kids can draft your grounds of appeal for you. You can appeal sections B, F, and I.


7. Collect all relevant evidence to support your appeal, such as medical reports, educational assessments, and any correspondence with the local authority. Evidence is crucial when it comes to appealing during the EHCP process. EHCP 4 Kids can communicate with all the relevant parties involved on your behalf.


8. Obtain witness statements from professionals involved in your child's education and healthcare to support your case.


9. Once your appeal is registered, you will be notified of the hearing date. Attend the hearing to present your case before the SEND Tribunal panel. Sometimes a decision is made on paper or settled before the hearing.


10. The Tribunal will make a decision based on the evidence presented. If you win the appeal, the local authority must amend the EHCP accordingly/ follow the tribunal’s orders.



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