Special educational needs appeals
Dedicated legal support for parents, deputies, case managers navigating the EHCP process, challenging local authority decisions and securing appropriate SEN provision and placement.
We help families challenge decisions to secure education, support and provisions.
Disagreements with local authorities can arise at many stages of the special educational needs process, from decisions about assessments and Education, Health and Care Plans (EHCPs) to the support provided and the school named in a plan. Where a decision does not properly reflect a child’s needs or fails to secure appropriate provision, families may have the right to appeal.
Our specialist SEN solicitors support families through all types of SEN appeals, helping to challenge local authority decisions and secure the education, support and provision children and young people need.
- Trusted and nationally recognised special educational needs specialists with decades of experience.
- Clear, practical support at every stage, helping families navigate complex SEN processes.
- Extensive experience across all SEN appeals, including EHCPs, school placements, and SEND Tribunal proceedings.
- Transparent and flexible fee structures, including capped fee options where appropriate.
Our SEN appeals
When disagreements arise, our specialist SEN solicitors help families navigate appeals, including:
EHCPs
Specialist advice on all aspects of EHCPs, including securing assessments, reviewing plans and appealing decisions that do not provide the right support.
Appealing a refusal to assess
If the local authority refuses to carry out an EHC needs assessment, we advise on the legal criteria, gather evidence and prepare appeals to the SEND Tribunal.
Appealing a refusal to issue an EHCP
Where an assessment has taken place but the local authority decides not to issue an EHCP, we assist in challenging that decision. We review the evidence, draft appeal paperwork and guide you through the tribunal process.
Appealing an EHCP (contents of the plan)
We support families who need to appeal the sections of an EHCP — whether this concerns needs, provision, or school placement. We help ensure the plan is accurate, specific and lawful, and that it identifies the correct educational and therapeutic support.
Appealing an annual review decision
If an annual review results in changes that you disagree with, or if the local authority fails to amend the plan in line with evidence, we advise on appealing the decision and ensuring the review process is properly followed.
Appealing a cease to maintain decision
When a local authority decides to cease maintaining an EHCP, we can challenge the decision where it does not meet the legal threshold. We help demonstrate why support must continue and ensure your child’s needs remain fully considered.
Appealing a SEND Tribunal decision
If you disagree with a Tribunal outcome, we can advise on the legal basis for appealing to the Upper Tribunal. We assess whether an error of law may have occurred and guide you through the next steps.
Appealing to the Upper Tribunal
If you disagree with a Tribunal outcome, we can advise on the legal basis for appealing to the Upper Tribunal. We assess whether an error of law may have occurred and guide you through the next steps.
Extended appeals (health and social care)
We advise on extended SEND Tribunal appeals involving health and social care issues, helping families secure the support their child or young person requires.
EOTIS / EOTAS appeals
We support families seeking Education Otherwise Than In /At school (EOTIS / EOTAS) provision where a child or young person’s needs cannot reasonably be met within a school setting.
Section I appeals (school placement appeals)
We advise on Section I appeals concerning the educational placement named in an EHCP, helping families challenge local authority decisions and secure the most suitable school or educational setting for their child or young person.
SEN appeals FAQs
Why would I need to make a SEN appeal?
You may need to make a SEN appeal if you disagree with a decision made by your local authority about your child’s special educational needs provision. This could include decisions such as refusing to carry out an EHC needs assessment, refusing to issue an EHCP, failing to include appropriate support within an EHCP, naming an unsuitable school placement or deciding to cease an EHCP.
The purpose of an appeal is to challenge a decision where you believe it does not properly reflect your child’s needs or does not secure the support and provision they require. The SEND Tribunal provides an independent process for reviewing these decisions and determining whether changes are needed.
Are there time limits on making an appeal against local authorities?
Yes. There are time limits for making an appeal against a local authority decision, and it is important to act promptly once you receive a decision letter.
Before an appeal can be lodged, you will usually need to consider mediation and obtain a mediation certificate, unless an exemption applies.
If you need to consider mediation, you must contact mediation within two months from the date of the local authority’s decision. Your appeal deadline is two months from the LA decision or one month from the date of the mediation certificate, whichever is the later date.
If you miss the deadline, the Tribunal may still consider a late appeal in some situations, but this is not guaranteed.
How long does a SEN appeal process take?
The length of a SEN appeal can vary depending on the type of decision being challenged, the complexity of the case and whether an agreement can be reached before a hearing takes place.
The SEND Tribunal can prioritise and allocate a shorter appeal timetable for certain appeals e.g. transition appeals – where children are moving from primary to secondary education or secondary to post-16, or where the child is out of school. Outside of prioritised appeals, the process can run to over 12 months from the appeal being registered. We would always seek to negotiate with the LA to try and reach earlier agreement before the hearing.
What happens during the SEN appeal process?
The SEN appeal process begins when you receive a decision from the local authority that you disagree with, such as a refusal to assess, a refusal to issue an EHCP, the contents of an EHCP or a school placement decision.
Before lodging most SEND Tribunal appeals, you will usually need to contact a mediation adviser to discuss mediation. You do not have to take part in mediation if you do not wish to, but you will generally need to obtain a mediation certificate before an appeal can be registered, unless an exemption applies.
Once the appeal is lodged with the SEND Tribunal, the process typically involves:
Registering the appeal: Submitting your appeal and supporting documents to the Tribunal within the relevant time limit.
Gathering and exchanging evidence: This may include professional reports, assessments, school records and other evidence demonstrating your child’s needs and the support required.
Case management and negotiations: The local authority and family may continue discussions throughout the appeal process, and some cases are resolved before a hearing takes place.
The Tribunal hearing: If the matter is not resolved, an independent Tribunal panel will consider the evidence and hear submissions from both parties.
The Tribunal decision: The Tribunal will issue a decision and, if the appeal succeeds, may order the local authority to assess, issue or amend an EHCP, name a different school or take other action.
Our specialist education solicitors can support families throughout the appeal process, from obtaining a mediation certificate and preparing evidence to representing them before the SEND Tribunal.
Do I need a SEN solicitor to make a SEN appeal?
No, you do not need a SEN solicitor to make a SEN appeal, however, SEN appeals can involve complex legal issues, procedural requirements and detailed evidence. Specialist legal advice can help you understand the strengths of your case, identify any gaps in the evidence, navigate the appeal process and present the strongest possible arguments in support of your child’s needs.
How much does Boyes Turner's SEN services cost?
The cost of our SEN services will depend on the specific circumstances of your case and the level of support you require. Every child’s needs and situation are different, so we provide tailored advice and offer flexible fee arrangements to ensure our support is appropriate for your circumstances.
We will discuss costs with you at the outset and provide clear information about the options available.
Please note that we do not offer legal aid.
Find out more about our fees and funding options.
Why use our SEN appeal solicitors?
- Specialist expertise in SEN appeals: Our solicitors have extensive experience advising on SEN appeals and a detailed understanding of the legal framework governing local authority decisions. We can support you at every stage of the process, from mediation and evidence gathering to preparing appeal documents and representing you before the SEND Tribunal.
- 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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