Unhappy with an Education, Health and Care Plan decision

Sometimes the local authority’s view is that the statutory assessment advice that has been supplied says that an Education, Health and Care Plan (EHCP) is not needed. If this is the case, the local authority will explain in writing and say how the education setting should continue to meet the child’s needs.

Parent carers, and the young person if they are over 16 and able to make a decision, have the right to appeal against the local authority's decision through The Special Educational Needs and Disability Tribunal after mediation has been considered.

Right to Appeal

For more information about appealing EHCPs, follow the link to read all about the rights parents and young people have regarding Tribunals - parent carers and young people's right to appeal to the Tribunal about EHC Plans.

Single Route of Redress – Special Educational Needs and Disabilities Tribunal Extended Powers

The National Trial began from April 2018 to August 2021, testing the extended powers for the Special Educational Needs and Disabilities (SEND) Tribunal. The department commissioned an independent evaluation of the National Trial which found broadly positive evidence in support of the Tribunal’s extended powers, which can be seen here.

Therefore, the government has confirmed that they are continuing the extended powers of the First-tier Tribunal (SEND), sometimes referred to as the ‘SEND Tribunal’, to make non-binding recommendations about the health and social care aspects of EHC plans.

Previously, you have only been able to appeal the educational aspects of EHC plans. The continuation of the extended powers given to the SEND Tribunal, keeps your right to request recommendations about the health and social care needs and provision specified in EHC plans, in addition to the educational aspects, when making a SEND appeal. This gives you the opportunity to raise all your concerns about an EHC plan in one place.

It's only possible for the Tribunal to consider the health and/or social care aspects of the EHC plan where you are already making an appeal in relation to the education aspects of the EHC plan and the education aspect must remain live throughout the appeal.