Special Educational Needs and Disability Tribunal appeal

Are you looking to appeal a decision about an education, health and care (EHC) plan?

If you or someone you know does not have access to the internet or does not feel confident using it, we can support you with completing an appeal.

Call 03300 160 051
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Before making the appeal:

Before appealing a decision about an education, health and care (EHC) plan, it is important to include the relevant documents with your appeal.

The documents include:

  • A copy of the local authority decision letter
  • A copy of the final version of the EHC plan (if you have one) and all the documents listed in 'Section K'
  • A copy of the mediation certificate (if your appeal requires one)

You can also add any evidence that supports your appeal.

 

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Making the appeal

You can appeal a local authority’s decision about a child or young person’s education, health and care (EHC) plan by using an online form.

Whether the local authority has refused to make an EHC plan or has refused to secure a reassessment of EHC needs, you are able to complete an appeal form if you are:

  • A parent
  • Someone who has parental responsibility or cares for a child
  • A young person who is over compulsory school age and under 25 years old.

Please note: compulsory school age lasts until the end of the academic year where a student turns 16 years old.
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What can I appeal?

You can appeal a decision if:
  • The local authority refused to make an EHC plan
  • The local authority refused to secure a reassessment of EHC needs
  • You disagree with something written in Section B, F or I of the EHC plan
  • The local authority decided a plan is no longer necessary
  • When making this appeal, you can ask the tribunal to make health (Section C and G) and social care (Section D and H) recommendations with any reason of your choosing.
Other appeals you can make include completing a SEND35A appeal if:
  • The child or young person has not been assessed
  • The local authority has not agreed to assess them
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When should I appeal?

You are able to submit an appeal form within:

  • 2 months of the date on the local authority’s decision letter
  • 1 month of the date of the mediation certificate (this is if you have one)

In the instance your appeal might be late, you can find out more about appealing on time in Section 13 of this appeal form.

What is a Mediation Certificate?

A mediation certificate is the document given to you after you contact a mediation organisation.

In most cases, the tribunal requires that you have a mediation certificate to appeal. You do not need to go to a mediation meeting but you need to contact a mediation organisation to get a certificate saying you’ve considered mediation.

Contact us to receive free support:

If you do not have access to the internet or do not feel confident using it, contact us:

Call us 03300 160 051

Text “FORM” to 64073

Email us support@wearegroup.com

Please be aware this service does not provide legal advice or technical support for issues encountered when filling in an online form (such as error messages and frozen pages).