Appealing a decision about an EHC plan

Timing

What this page covers

General information about the appeal route and its timings. It is not advice about your own case, and it does not replace a solicitor where you need one.

Evidence to gather

• The decision letter or the final planIt fixes what is being appealed and the date the deadline runs from.
• The plan wording you disagree withAppeals about content turn on the exact words used, so quote them rather than summarising.
• Professional reportsAssessments and letters that describe needs and the support recommended for them.
• A record of what has been triedIt shows why the current provision is not meeting the need.

The steps

1. 1

   Name the decision you are appealing

   The Tribunal considers specific council decisions: refusing to assess or reassess, refusing to issue a plan, what a final or amended plan says about needs, provision and placement, a decision not to amend a plan after a review, and a decision to cease one.

2. 2

   Find the date on the decision letter

   Deadlines run from the date of the letter, not from when you opened it or from the meeting it followed.

3. 3

   Contact a mediation adviser

   This is required before registering most appeals. It is not required where the appeal is only about the school or college named in the plan, the type named, or the fact that none is named.

4. 4

   Register the appeal in time

   The Tribunal must receive it within two months of the date on the decision letter, or one month from the date of the mediation certificate — whichever is later.

5. 5

   Put your evidence together

   Set out what your child needs, what is currently provided, and what you are asking for instead. Evidence that answers those three points does most of the work.