Appealing against a refusal to undertake an EHCP needs assessment
Appealing against a refusal to undertake an EHCP needs assessment

Before you can appeal to the Special Educational Needs and Disability (SEND) Tribunal, you must have contacted a mediation adviser (unless your appeal is only about the school your local authority has named in your child’s plan or if they have not named a school in it).

You will need a certificate from the mediation adviser to register an appeal with the SEND Tribunal. You have one month from receiving the certificate or two months from the original decision (whichever is the
later date) to register an appeal with the Tribunal.

HM Courts & Tribunals Service
HM Courts & Tribunals Service

The SEND Tribunal is a legal body. It hears appeals against decisions made by local authorities about EHC needs assessments and EHC plans. SENDIASS Torbay can provide information, advice and support to you in an appeal to the SEND Tribunal.

You can appeal to the Tribunal if the local authority decides:

  • not to carry out an EHC needs assessment or re-assessment for your child
  • not to draw up an EHC plan for your child, once they have done an assessment
  • not to amend your child’s EHC plan after the annual review or re-assessment
  • to cease to maintain your child’s EHC plan.

You can also appeal if you disagree with what your local authority includes in your child’s EHC plan such as:

  • how they describe your child’s SEN
  • what SEN provision is included for your child
  • the school (or other educational establishment) your local authority says your child
    should attend, or if they don’t include a school
  • if they change any of these details without your agreement.

The SEND Tribunal also hears disability discrimination claims against schools (and
against local authorities if the local authority is responsible for the school).