An EHCP appeal is a legal challenge to a decision made by your local authority about your child's Education, Health and Care Plan. You can appeal if the local authority refuses to assess, refuses to issue a plan, or issues a plan that does not meet your child's needs.
The appeal is heard by the First-tier Tribunal (SEND). It is an independent judicial body that can overturn local authority decisions and order them to take specific action.
Before you can register an appeal, you must contact a mediation adviser. You do not have to attend mediation, but you must either participate or obtain a certificate confirming you do not wish to.
You have two months from the date of the local authority's decision letter to register your appeal, or one month from the date of your mediation certificate, whichever is later. Missing this deadline can end your right to appeal.
At the hearing, the Tribunal will consider the evidence from both sides and make a binding decision. The success rate for families is very high: 96% of decided SEND Tribunal appeals are found in the family's favour.
If you are considering an appeal, it helps to prepare early. Gather your evidence, understand your grounds, and make sure you meet the deadline. Our EHCP help can guide you through the appeal to the SEND Tribunal from start to finish.