Quick summary:
If your child’s Education, Health and Care Plan (EHCP) is refused, incomplete, or doesn’t meet their needs, you can appeal to the SEND Tribunal. The most effective appeals are built on clear evidence: what your child needs, what support is required, and why a particular school is suitable. Keep your evidence bundle focused—use up-to-date expert reports, real examples of unmet need, and a short, relevant witness list. Stick to the timeline: request mediation advice, lodge your appeal within the deadline (usually 2 months from the local authority’s decision letter), and follow each Tribunal direction carefully.
Disclaimer: This is general information for England and Wales. It’s not legal advice, and SEND practice can vary by area. Always check your own decision letter for deadlines and requirements.
EHCP Appeal Example (SEND Tribunal)
Background:
Ethan Williams, age 12, attends a mainstream secondary school in Greater Manchester. He has diagnoses of autism spectrum disorder, ADHD, and moderate learning difficulties. Over the past year, Ethan’s anxiety has worsened, leading to frequent absences, self-harm, and three fixed-term exclusions for behaviour linked to sensory overload. The school has no dedicated sensory space, and Ethan spends much of his day in isolation. His EHCP was reviewed last term, but the local authority refused to amend Section F (provision) and Section I (placement), stating his needs can be met at his current school with “access to support as required.” Ethan’s parents believe he needs a specialist setting with integrated therapies and a low-arousal environment.
Sample EHCP Appeal Document
SEND Tribunal Appeal Form – Example Extract
Appellant:
Mr. and Mrs. Williams (Parents of Ethan Williams, DOB: 02/09/2013)
Local Authority:
Manchester City Council
Grounds of Appeal:
We appeal the contents of Sections B, F, and I of Ethan’s EHCP, and the refusal to name a specialist placement. We seek amendments to reflect his current needs and provision, and for Section I to name Willowfield Specialist School.
Section A: Child’s Views and Aspirations
Ethan wants to feel safe, make friends, and learn without being overwhelmed. He says, “I want a quiet place when things get too much. I want teachers who understand me and don’t send me out.”
Section B: Special Educational Needs
Ethan’s needs include:
Social communication difficulties (autism diagnosis, confirmed by CAMHS, 2024)
Attention and executive function deficits (ADHD, confirmed by paediatrician, 2023)
Moderate learning difficulties (WISC-V: full-scale IQ 70, EP report, 2025)
Severe anxiety and sensory processing disorder (OT report, 2025)
History of self-harm and school refusal (CAMHS letters, 2024-2025)
Section F: Special Educational Provision (Requested Amendments)
We request the following provision, based on independent expert recommendations and the principles set out in the SEND Code of Practice (see para 9.62, 9.64):
Speech and Language Therapy (SALT):
Direct: 45 minutes weekly, delivered by a qualified SALT
Indirect: 30 minutes weekly programme for TA, reviewed termly
Occupational Therapy (OT):
Direct: 60 minutes fortnightly, focusing on sensory integration
Sensory diet: daily, with access to a quiet, low-arousal space
Mental Health Support:
Weekly 1:1 sessions with a school counsellor trained in autism and trauma
Crisis plan and access to a safe space during high anxiety
Academic Support:
1:1 literacy and numeracy intervention, 3 x 30 minutes weekly
Small group social skills sessions, twice weekly
Staff Training:
Autism and ADHD awareness for all staff, updated annually
TA to receive termly supervision from EP
Review:
Provision to be reviewed termly by SENCO, with input from parents and external professionals
Section I: Placement (Requested Amendment)
We request Willowfield Specialist School, a maintained special school for autism and learning difficulties, as named placement.
Evidence:
Willowfield can provide integrated therapies, small classes (max 8), and a dedicated sensory room.
Current school has no sensory space; Ethan is isolated and excluded frequently (attendance logs, incident reports attached).
Supporting Evidence (Appendices):
Independent EP report (Dr. Patel, May 2025)
OT report (Ms. Green, April 2025)
CAMHS letters (2024-2025)
School attendance and exclusion logs (2024-2025)
Parent diary (extracts: anxiety, self-harm episodes, school refusal)
Willowfield School prospectus and letter confirming suitability
Current EHCP and LA decision letter
Mediation advice certificate
Chronology of Need and Provision
Witnesses
Dr. Patel (EP): Written statement and available for hearing
Ms. Green (OT): Written statement
Mrs. Smith (Willowfield SENCO): Written statement on school’s ability to meet needs
Mrs. Williams (Parent): Statement and available for hearing
Legal Principles and Case Law Referenced
SEND Code of Practice (2015, updated 2024):
Section 9.62 requires EHCPs to specify provision in clear, measurable terms. Section 9.64 states outcomes should be SMART (specific, measurable, achievable, realistic, time-bound).Children and Families Act 2014, s.37:
Requires the EHCP to specify the school or institution to be attended.Section 149 Equality Act 2010:
The local authority must have due regard to the need to advance equality of opportunity for disabled children (see R (Bracking) v Secretary of State for Work and Pensions [2013] EWCA Civ 1345).R (Sheakh) v Lambeth Borough Council [2022] PTSR 1315:
The duty of reasonable enquiry and the need for the decision-maker to understand the equality impacts before adopting a policy.Re L (A Child) [2019] EWHC 867 (Fam):
The welfare of the child is paramount; the Tribunal must consider all circumstances and realistic options.Re H (Parental Alienation) [2019] EWHC 2723 (Fam):
The child’s Article 8 rights (private and family life) prevail over those of the parent or local authority.Hatton v Sutherland [2002] EWCA Civ 76:
The importance of reasonable adjustments and support for children with mental health needs in educational settings.
Opening Statement (for Tribunal)
Ethan’s current placement is failing to meet his needs. He is frequently excluded, isolated, and his anxiety is escalating. The provision in Section F is vague and does not reflect the recommendations of independent professionals. Willowfield Specialist School offers the integrated, therapeutic environment Ethan requires.
The requested amendments are supported by the SEND Code of Practice and the Children and Families Act 2014, which require provision to be specific and measurable, and the named placement to be suitable. The Tribunal is asked to amend Sections B, F, and I as set out above, in line with the welfare principle established in Re L (A Child), the duty to advance equality under Bracking, and the statutory requirements of the Equality Act 2010 and SEND Code of Practice.
Why a well-prepared EHCP appeal matters
A strong EHCP appeal can make the difference between your child getting the right support or being left to struggle. The SEND Tribunal isn’t interested in generic statements—they want to see a clear link between your child’s needs, the outcomes you want, the support required, and the school or setting that can deliver it. If your evidence spells out what’s needed, how often, and by whom, the panel is much more likely to order changes.
For example, if your child’s plan just says “support with reading,” that’s too vague. But if you can show, with a recent assessment, that your child is two years behind in reading and needs daily 1:1 phonics sessions with a trained teaching assistant, the Tribunal can order that specific support.
Common mistakes and how to avoid them
Many families fall into the same traps when appealing an EHCP. Here’s what to watch out for:
Vague outcomes: “Improve communication” isn’t enough. Instead, use measurable goals, like “increase expressive vocabulary from 50 to 200 words within 12 months.”
Non-specific provision: “Access to OT” (occupational therapy) is too broad. Instead, specify: “Weekly 60-minute direct OT, plus 30-minute indirect programme with a trained TA, reviewed termly.”
Relying on diagnosis alone: A label (like autism or dyslexia) isn’t enough. Describe how your child’s needs affect them in class and at home—e.g., “struggles to follow two-step instructions, leading to missed learning.”
Over-long bundles: Don’t swamp the Tribunal with 600+ pages. Duplicates and old reports can bury your strongest evidence. Keep it focused and up to date.
Late witness organisation: If you leave it too late to ask therapists or teachers for statements, they may not be available or may charge extra for last-minute work.
Practical tips for a strong appeal
Section B (needs): Anchor this to recent, independent assessments. Use numbers—reading age, sensory profile scores, language levels.
Section F (provision): Write in the same way—how often, how long, where, by whom, and how it will be reviewed.
Section I (placement): Gather evidence about class size, peer group, therapies on site, and whether the school can actually deliver what’s in Section F.
Keep a simple timeline: A one-page chronology showing what’s been tried, when, and what happened helps the panel see the bigger picture.
Use short, factual statements: Ask teachers or therapists for brief examples—“In the last term, Sam has had three exclusions due to sensory overload. A quiet space and sensory breaks have reduced incidents.”
Step-by-step: Building your appeal bundle
1. Read the decision and request mediation advice
Your local authority’s decision letter starts the clock. You usually have 2 months to lodge your appeal. You must get mediation advice (a phone call is enough—you don’t have to attend mediation) before you can appeal.
2. Identify your grounds
Are you appealing a refusal to assess, a refusal to issue a plan, or the content of the plan (Sections B, F, I)? Decide if you’re challenging just the school named (Section I) or the needs and provision as well.
3. Commission or update assessments
Speech and language therapy (SALT), occupational therapy (OT), and educational psychology (EP) reports are often key. Ask for recommendations that are specific and measurable.
4. Draft your appeal form and reasons
State your grounds clearly and number them. Cross-reference to your evidence. Panels prefer clarity over volume.
5. Prepare your evidence pack
Include:
The decision letter
The EHCP (if you have one)
Mediation advice certificate
Recent assessments
School reports
Attendance or behaviour logs (if relevant)
Optional but helpful: home diary extracts, incident logs, examples of work, sensory/environmental observations.
6. Organise witnesses
Ask early. Some clinicians will only provide written evidence; others can attend. Check their availability and fees.
7. Follow Tribunal directions
After you lodge your appeal, you’ll get a timetable with deadlines for evidence and working documents. Put every date in your diary. Update the working document with the local authority, showing what’s agreed and what’s not.
8. Prepare for the hearing
Write a short opening note summarising your child’s needs, the support you want, and why your chosen school is right. Tab your bundle for easy reference. Prepare focused questions for the local authority’s witnesses.
What to ask your experts for
Baseline data and standardised scores (e.g., “reading age 7:2 at chronological age 9:4”)
Clear, time-bound recommendations (“3 x 45 minutes weekly direct SALT for 12 weeks, then review”)
Training or indirect time (“1 hour per fortnight to train TAs; 30 minutes weekly to write programmes”)
Environmental adjustments (e.g., “quiet breakout space; low arousal classroom; sensory diet timetable”)
Real-life examples
Example 1: Quantified SALT provision
Maya, aged 8, is dyslexic with language processing difficulties. Her EHCP says “access to SALT as required.” Her independent SALT report gives a baseline and recommends “weekly 60 mins direct SALT plus 30 mins indirect programme with TA; termly review; small-group language sessions twice weekly.” The Tribunal amends Section F to use this precise wording.
Example 2: Sensory profile and placement
Jon, aged 10, has sensory processing differences and anxiety. The local authority names a large mainstream school. An OT report shows he needs a low-stimulus environment, scheduled sensory breaks, and a quiet space. The proposed school says it can’t provide this, but the parents’ preferred school can. The Tribunal amends Section I to name the suitable school.
Example 3: Refusal to assess overturned
The local authority refuses to assess, saying school support is enough. Parents provide logs showing little progress after two cycles of “assess-plan-do-review.” Teacher letters and an EP screening show persistent needs. The Tribunal orders a full assessment.
Where people get stuck
Timing: Missing the appeal window after mediation advice. As soon as you get the decision letter, put the deadline in your calendar.
Overlong bundles: Curate your evidence. Remove duplicates and put the most recent, relevant documents at the front.
School cooperation: If staff are supportive but can’t attend, ask for short written statements focused on facts and what helps your child.
Getting help
While you can do this yourself, some families find it helpful to use guides from national charities or local SENDIASS services. For more complex cases, especially where health or social care is involved, some parents choose to consult a specialist education solicitor or barrister. Caira, unlike generic chatbots, is backed by tens of thousands of legal and educational documents and can help you spot common pitfalls, check your bundle, and understand what’s likely to matter most to the Tribunal.
Final thought:
Tribunals reward clarity. The more specific you are about your child’s needs, the support required, and the right placement, the more likely you are to get a positive outcome. Keep your story simple, your evidence measurable, and your bundle focused. If you’re unsure, upload your draft appeal or bundle to Caira for instant feedback on common mistakes and missing details—helping you feel more confident and prepared for the journey ahead.
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