Challenging an EHCP Decision
In This Section
If you are looking to challenge an EHCP decision, please click any of the following links to find out more about the options available to you:
Challenging decisions about support for children with SEND
Most disagreements about special educational provision can be sorted out by talking with the education setting, professionals who work with the child or the local authority. If you need any help with this you can contact the Birmingham SENDIASS service which offers impartial information and advice to parents/carers and young people.
It can sometimes be difficult to reach an agreement, so local authorities must make arrangements for disagreement resolution and mediation services. These services are available to children with SEND and their parents or carers. They are free confidential and independent of the local authority and Clinical Commissioning Group.
Disagreement resolution and mediation
If you’re not happy about the support your child or young person with SEND receives, you can challenge it. You can sort out most issues by talking to your child’s school, setting, or your local council
If you still can’t sort out any issues, disagreement resolution or mediation can help.
Mediators work with everyone involved to try to sort the issue. These services are voluntary and independent, free and confidential, quick and informal.
Both parents and young people (over 16 years old) with SEND can use these services.
The following mediation services are available to those who have received an EHCP decision letter. Details for getting started with disagreement resolution and mediation are enclosed with the decision letter.
These sessions can help with issues about:
- how a school, setting or the local council are carrying out their duties
- what help a school or setting offers
- health or social care provision
Health or social care provision includes what is given:
- during an education, health and care needs assessment (EHCNA)
- during a re-assessment
- once the EHCP is in place
You can use this service even if the child or young person doesn’t have an EHC plan.
The mediation service is for when you have concerns about an EHC plan. You can request mediation after any formal local authority decision is made by SENAR. You will be notified of these decisions in writing. The letter will also inform you of:
- Your right to request mediation
- The requirement to obtain a mediation certificate before appealing to the SEND Tribunal. This is not required for section I (placement), only appeals
- The timescales for requesting mediation
- Who to contact about mediation
Mediation is possible after the local authority has made a decision not to:
- Carry out an EHCNA or an EHC needs re-assessment
- Issue an EHCP after an assessment
- Amend an EHCP after a review or re-assessment
- Continue to maintain the EHCP
Appeals can also be made when, following an EHCP being first issued or following a review, you disagree with the contents of section B (special educational needs) and/ or section F (Special educational provision) and/or section I (placement)
Appeal to the SEND Tribunal
A child’s parent or a young person (16 years or over) may appeal to the First-tier Tribunal following a local authority decision not to:
- Carry out an EHCNA or an EHC needs re-assessment
- Issue an EHCP after an assessment
- Amend an EHCP after a review or re-assessment
- Continue to maintain the EHCP
Appeals can also be made when, following an EHCP being first issued or following a review, you disagree with the contents of section B (special educational needs) and/ or section F (Special educational provision) and/or section I (placement)
If you are making an appeal relating to an educational issue, it is also possible to request the Tribunal to make recommendations to health needs and provision (sections C and G) and social care needs and provision (Sections D, H1 and H2).
Unless your appeal relates to section I only, you will need to contact a mediation provider to obtain a mediation certificate. You will have two months from the date of the local authority decision letter or one month from the date of the mediation certificate, whichever is the later date, to register an appeal in time.
For appeals relating solely to section I, the SEND Tribunal must have received an appeal form within two months of the date listed on the letter enclosing the final EHCP. This applies even when the right to mediation has been exercised.Â
A booklet, ‘Special Educational Needs: How to Appeal’, can be obtained from the Tribunal and their contact details are as follows:
HM Courts & Tribunals Service
Special Educational Needs & Disability Tribunal
1st Floor, Darlington Magistrates’ Court Parkgate,
Darlington DL1 1RU
Telephone: 01325 289 350
Email: sendistqueries@hmcts.gsi.gov.uk
Website: http://www.justice.gov.uk/tribunals/send