Appealing an Education, Health and Care Plan (EHCP) decision
We support families appealing EHCP decisions, helping them secure the provision and support their child needs.
Expert legal advice for families seeking to challenge decisions relating to ECHPs.
An Education, Health and Care Plan (EHCP) is a legally binding agreement which sets out a child or young person’s special educational needs, the support they require, and the educational placement where that support will be delivered. Given the importance of an EHCP to a child or young person’s education and future, it is essential that the plan is accurate, detailed and enforceable. Unfortunately, many EHCPs issued by local authorities fall short of the legal requirements and in this case, parents or the young person (if they have capacity) can appeal.
If you are unhappy with the contents of an EHCP or a decision made by your local authority, you may have the right to appeal to the Special Educational Needs and Disability Tribunal (SEND Tribunal).
- Trusted and nationally recognised special educational needs specialists with decades of experience.
- Clear, practical support at every stage, helping families navigate complex SEN appeals.
- Specialist expertise in appealing EHCP decisions, including disputes relating to needs, provision, and school placements.
- Transparent and flexible fee structures, including capped fee options where appropriate.
What should be included in an EHCP?
An EHCP issued by any local authority must be clear, concise, detailed, understandable, accurate and must include the following:
- The views, interests and aspirations of the child or young person – Section A
- Special educational needs – Section B
- Health needs – Section C
- Social care needs – Section D
- Outcomes sought for the child or young person – Section E
- Special educational provision – Section F
- Health provision – Section G
- Social care provision – Section H
- Educational placement – Section I
- Personal Budget – Section J
- List of advice and information – Section K
Each section must work together to ensure that the child or young person’s needs are fully identified and properly met, and that the provision specified is capable of being enforced.
EHCPs are often a parent or carer’s first experience of the SEND legal framework, and it is not uncommon for important needs or types of provision to be overlooked or inadequately described. We regularly review EHCPs on behalf of families to ensure that all relevant areas have been properly considered, that the plan complies with legal requirements, and that it accurately reflects the child or young person’s needs.
Appealing an EHCP decision FAQs
What are common reasons parents disagree with EHCPs?
Parents and carers know their children better than anyone else and are often the first to recognise when an EHCP does not accurately reflect their child or young person’s needs, or when the support set out in the plan is unlikely to be effective in practice.
In many cases, disagreements arise because the EHCP fails to fully identify needs, does not specify adequate provision, or does not follow professional advice. Common reasons parents and carers challenge EHCPs include:
- Needs in Section B are missing or minimised
- SEN provision in Section F is vague, non-specific or not quantified
- The level of support provided is insufficient to meet identified needs
- Recommendations from professional reports are ignored or only partially included
- Outcomes are unrealistic, poorly defined or not linked to provision
- Health or social care needs are excluded from the plan
- The named school or placement cannot meet the child or young person’s needs
- The local authority refuses to name a preferred school or type of placement
- The local authority refuses to issue an EHCP at all
Where provision does not meet identified needs, or where needs are not properly identified in the first place, the EHCP is not compliant with the law and may be challenged.
What is the process for appealing an EHCP decision?
Appealing an EHCP to the Special Educational Needs and Disability Tribunal (SEND Tribunal) involves several stages and requires careful preparation. Before starting an appeal, you are required to consider mediation. If mediation is unsuccessful or not appropriate, the appeal process can then proceed. This typically involves submitting a formal appeal within the required time limits, gathering relevant evidence such as professional reports, reviewing the local authority’s response, and following any directions issued by the Tribunal. Some cases may also require written submissions or attendance at a hearing, although many appeals are resolved before reaching that stage.
The process can feel daunting, and the chances of success are greatly improved with expert guidance. Our SEN solicitors can help you gather and organise evidence, build a strong case, and advise on the likelihood of success. We provide tailored support to ensure your child’s needs are accurately reflected and met in their EHCP. Engaging a solicitor early can also help avoid unnecessary delays or costs, as many parents attempt appeals on their own only to find the process more challenging than expected.
Time limits for appealing an EHCP
There are strict time limits for appealing an EHCP. To appeal an EHCP, you must file your appeal within:
- Two months of the date on the local authority’s decision letter, or
- One month from the date of a mediation certificate
(whichever is later)
If you miss these deadlines, the SEND tribunal may refuse your appeal. Early legal advice is therefore recommended to ensure your appeal is submitted on time and properly prepared to ensure you meet the deadlines.
Is mediation needed in ECHP appeals?
Before you can appeal an EHCP to the SEND Tribunal, you are required to consider mediation. You do not have to participate, but you must obtain a mediation certificate before an appeal can proceed.
Mediation can be a helpful way to resolve disputes with the local authority without going to Tribunal. If the issues are successfully resolved, the local authority may reissue the EHCP reflecting the agreed changes. If mediation does not resolve the dispute, you can then proceed with a formal appeal.
Find out more about mediation.
How much does an EHCP appeal cost?
We are committed to providing clear, transparent advice with costs tailored to the level of support you need.
Find out more about our costs.
Please note that we are unable to offer legal aid for EHCP appeals.
What are the next steps
If you have questions about an EHCP or are considering an appeal, our specialist SEN solicitors are here to help. We provide clear, practical advice and can guide you through every stage of the process, from reviewing your EHCP to representation at mediation or the Tribunal. Please contact us.
Why use our EHCP appeal solicitors?
Specialist experience in SEN law: Our solicitors have extensive experience successfully supporting families through EHCP appeals. Having advised on a wide range of cases involving needs, provision, and placements, we understand how to build persuasive cases and navigate the appeals process effectively.
Child-centred, practical solutions: Every child’s needs and circumstances are different. We take the time to understand your situation and provide tailored advice, developing a clear strategy focused on securing the right outcome for your child.
Supportive and collaborative approach: The SEN process can be overwhelming. We work closely with families, schools, professionals and other advisers to ensure all evidence and communication is aligned and coherent. This collaborative approach helps streamline the process and strengthens your case.
A leading full-service law firm: Boyes Turner is recognised by Chambers UK and The Legal 500 as a leading law firm. As a full-service firm, our specialist teams can support you with related legal needs where required, including Court of Protection, community care, medical negligence and private wealth, ensuring a cohesive and coordinated approach to your care.
Contact us
If you would like advice about a related matter, please complete the form and one of our SEN specialists will be in touch as soon as possible.
Please note we do not offer legal aid. Read about our fees.
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