Why go to Tribunal

If the parent/carer or young person disagrees with the special educational needs, special education provision and/or the placement named in the EHCP

The tribunal is independent of government, they will listen to both sides of the argument and the decision will be based on law.

Who can appeal?

Parents of a child between 0 and 16

Young Person over school leaving age (16) and under 25

If the young person lacks capacity to appeal (Mental Capacity Act 2005) a representative can appeal on their behalf

For more information about mental capacity please see the mental capacity resource section on our website

What can be appealed?

Contents of an EHCP

•B: Educational needs

•F: Educational provision

•I: Placement

Non-binding recommendations can be made on Health and Social Care

A parent/carer or young person must have a right of appeal given to them by the Local Authority to be able to lodge an appeal at the First Tier Tribunal.

The right of appeal can be gained in the following ways:

• Following a Final Plan being issued

• Following an Annual Review of an EHCP

Parent/carers or young people have two months from the letter sent by the Local Authority giving them the right of appeal in which to start the process.

For more information about mediation as part of the appeal process please see our mediation video.

It’s important to carefully consider what in the EHCP needs to be appealed.

If a parent/carer or young person looks to appeal the place of learning, then we advise they also look at & appeal (if necessary) parts B (needs) & F (provision)

It is important to look at sections B & F, to ensure that all the information in the reports has been used appropriately in these sections as these will inform the type of placement needed in Section I.

Please use our Reading and Understanding booklet to go through the EHCP to see what needs appealing

SENDIST have powers to recommend that health or social care needs or provision are specified or amended in plans, and must send a copy of the recommendations to health commissioners as well as the LA for social care

The SEND Tribunal only have the power to make ‘non-binding recommendations’ on health and social care. However, it has been made clear that the expectation is that the recommendations will generally be followed.

To appeal a health or social care section an educational section e.g. B, F or I must be appealed.

For more information on how to appeal a final EHCP please see our ‘Appealing to the SEND Tribunal’ resource section on our website.