EHCP Annual Reviews and Renewals: Securing the Right Support Year After Year

Appealing an EHCP Decision: Navigating the Tribunal Process

When a local authority makes a decision about your child’s Education, Health and Care Plan (EHCP) that you believe is wrong, it can feel like you’re up against a wall. Many parents and carers find the process confusing, especially when faced with legal jargon, tight deadlines, and the pressure of representing themselves. Yet, thousands of families successfully challenge EHCP decisions every year—often without legal representation. Here’s a practical, in-depth guide to help you understand your rights, avoid common pitfalls, and present the strongest possible case.

Grounds for Appeal: Knowing When You Can Challenge

The SEND Tribunal hears appeals on several key issues. You can appeal if the local authority:

• Refuses to carry out an EHC needs assessment.

• Refuses to issue an EHCP after assessment.

• Issues an EHCP, but you disagree with the content (for example, the description of needs, the provision specified, or the named school/setting).

• Refuses to amend an existing EHCP after a review or reassessment.

• Decides to cease (end) the EHCP.

It’s important to be clear about which decision you’re appealing, as this shapes the evidence you’ll need and the arguments you’ll make. Sometimes, more than one issue is in play—for example, you might disagree with both the content of the plan and the school named.

Key Evidence to Gather for Appeals

The Tribunal is evidence-driven. The more robust and specific your evidence, the stronger your case. Common types of persuasive evidence include:

• Independent assessments: Reports from educational psychologists, speech and language therapists, occupational therapists, or other specialists who have assessed your child. These can be especially powerful if they highlight needs or recommendations not reflected in the local authority’s plan.

• Updated school records: Progress reports, Individual Education Plans (IEPs), behaviour logs, and records of interventions already tried.

• Parental and carer statements: Your own account of your child’s needs, challenges, and the impact of current provision (or lack of it).

• The child’s own views: Where possible, include your child’s perspective—this could be in their own words, drawings, or video.

• Witness statements: Teachers, SENCOs, or other professionals who know your child well can provide written statements or attend the hearing.

A common stumbling block is relying solely on the local authority’s evidence, which may downplay needs or overstate progress. If you feel the local authority’s reports are incomplete or outdated, seek updated or independent assessments.

Preparing for the SEND Tribunal Hearing

Preparation is key. The Tribunal process is designed to be accessible, but it’s still formal and can feel daunting. Here’s what to expect:

• Case statement: After lodging your appeal, you’ll be asked to submit a detailed case statement. This is your opportunity to set out your arguments, referencing the evidence you’ve gathered.

• Bundle of documents: All evidence is compiled into a “bundle” that is shared with the Tribunal panel, the local authority, and you. Check this carefully—make sure nothing is missing or out of date.

• The hearing: Most hearings are now held remotely, but some are in person. The panel usually includes a judge and two specialist members. You’ll be asked questions about your case, and the local authority will present their side. You can bring witnesses, and you’ll have a chance to ask questions too.

Structure your case clearly. Focus on the legal tests the Tribunal must apply (for example, whether the child’s needs require an EHCP, or whether the provision specified is adequate). Use your evidence to show where the local authority’s decision falls short.

The Role of Mediation

Before you can appeal most EHCP decisions, you must consider mediation. This means contacting a mediation adviser and obtaining a certificate, even if you don’t want to mediate. Mediation itself is voluntary, but it can sometimes resolve issues more quickly than a Tribunal. However, it’s not always effective—especially if the local authority is unwilling to compromise or if the issues are complex.

If you do choose mediation, prepare as you would for a hearing: bring evidence, be clear about your goals, and keep a record of what’s discussed.

Common Mistakes That Weaken Appeals

Several pitfalls can undermine your case:

• Missing deadlines: Appeals must usually be lodged within two months of the local authority’s decision letter, or one month from the mediation certificate—whichever is later. Late appeals are rarely accepted.

• Not addressing the local authority’s arguments: Read their response carefully and prepare counter-arguments, supported by evidence.

• Insufficient evidence: Vague statements or outdated reports are less persuasive. Be as specific and up-to-date as possible.

• Overlooking the child’s voice: The Tribunal values the child’s perspective, especially as they get older.

Tips for Self-Representing Parents

Many parents represent themselves successfully. Stay organised: keep a file of all correspondence, evidence, and deadlines. Write a clear timeline of events and a summary of your main arguments. Practise explaining your case simply and confidently. If you feel nervous, remember the panel is there to help you tell your story—they are used to parents who are not legal experts.

Above all, don’t give up. The process can be tiring, but many families secure better support for their children through persistence and preparation.

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Disclaimer: This blog post provides general information for educational purposes only. It is not legal advice. Outcomes can vary based on your personal circumstances.