SEND Tribunal: Appealing EHC Plan Decisions

Section 51 of the Children and Families Act 2014 sets out the eight LA decisions that can be appealed to the SEND Tribunal:

1. Refusal to carry out an EHC needs assessment — when you ask for one and the LA says no.
2. Refusal to issue an EHC plan after an assessment has been done.
3. The contents of section B (description of special educational needs) of an issued EHC plan.
4. The contents of section F (special educational provision) of an issued plan — including disagreements about how much support, what type, and from whom.
5. The school or institution named in section I of the plan, or the failure to name one.
6. Refusal to amend or replace the EHC plan after a re-assessment or annual review.
7. Refusal to re-assess when you ask for a fresh assessment.
8. Decision to cease maintaining the plan — when the LA decides the child or young person no longer needs an EHC plan.

You cannot appeal directly to the SEND Tribunal about:

• Section A (the views, interests, and aspirations of the child/young person and parents) — purely descriptive;
• Sections C, D (health and social care needs and provision) — but the Tribunal has limited "extended powers" to make non-binding recommendations to NHS commissioners and the LA's social care function under section 79 CFA 2014 + the SEND Regs 2017;
• Issues about the implementation of an existing plan — go to the Local Government and Social Care Ombudsman or judicial review for those.

Time limit: Appeals must be lodged within 2 months of the LA's decision letter, or 1 month from the end of mediation if you went to mediation, whichever is later. Late appeals can be admitted in exceptional circumstances but the Tribunal applies a strict approach — file early.

Mediation: Before lodging most appeals, you must contact the LA's mediation provider and either attend a mediation session or get a "mediation certificate" confirming you have considered mediation and decided not to attend. The certificate must be obtained within 30 days of contacting the mediation provider. Mediation is not required if your appeal is only about the school named in section I — you can go straight to Tribunal in those cases.

The mediation requirement comes from section 55 CFA 2014. It is administered by independent mediators commissioned by the LA. There is no charge for parents.

The combination of these rules means that if you receive an LA decision and want to appeal, you should:

1. Within a few days, contact the LA's mediation provider (their details are in the decision letter or on the LA's local offer page).
2. Either attend mediation within 30 days or request a mediation certificate.
3. Lodge the appeal with the Tribunal within 2 months of the LA decision (or 1 month after mediation if later).

SEND Tribunal appeals are heard in the First-tier Tribunal (Health, Education and Social Care Chamber). The process:

1. Lodge the appeal online via the SEND Tribunal portal on GOV.UK. You will need the LA's decision letter, the EHC plan if there is one, and any reports you wish to rely on. There is no fee.
2. The LA serves a response (Form ETHC1 / N&E Reg 14 response) within 6 weeks, attaching its case papers.
3. You may file a reply within 2 weeks of receiving the response.
4. Case management directions are issued — usually requiring expert reports, a witness list, and a hearing bundle by certain dates.
5. The hearing typically takes place 4–6 months after lodging. It is in person or remote (your choice in most cases). The panel is a Tribunal judge sitting with two specialist members (one with educational expertise, one with disability expertise).
6. The decision is usually given in writing within a few weeks of the hearing.

The Tribunal has full power to direct the LA to issue a plan, change the contents, name a different school, or continue to maintain a plan. The LA must comply within statutory deadlines (usually 5 weeks for amendments).

Costs: there is no fee. Each side bears its own costs unless the Tribunal makes a costs order, which is rare and reserved for unreasonable conduct.

Onward appeal: appeals from the First-tier Tribunal go to the Upper Tribunal on a point of law only, with permission. Get specialist advice before pursuing this route.

SEND appeals are won and lost on the quality of the evidence. The Tribunal expects:

• An up-to-date report from your child's school or college setting out their current needs and progress;
• An educational psychologist (EP) report — the LA's EP report is provided as part of the assessment but you can also instruct an independent EP. Independent EP reports cost typically £800–£1,500;
• Therapy reports — speech and language, occupational therapy, physiotherapy — depending on the child's needs;
• Medical reports from paediatrician, CAMHS, or other clinicians;
• Information about the school you want named — admissions criteria, prospectus, and confirmation that the school can meet the child's needs.

The Tribunal will give weight to recent, independent, and detailed evidence. The LA's evidence is often dated by the time of the hearing, so an up-to-date independent assessment can be decisive.

Free help:

• IPSEA (ipsea.org.uk) — free legally-based advice, including a tribunal helpline.
• SOS!SEN (sossen.org.uk) — free helpline and advice.
• Contact (contact.org.uk) — for families with disabled children.
• Local SENDIASS (Special Educational Needs and Disability Information, Advice and Support Service) — every LA has one, providing impartial advice to families.
• Education law solicitors — Legal Aid is not available for SEND appeals, but firms specialising in education law may take cases on a fixed fee or conditional basis.