Unhappy with an Education, Health and Care Plan decision

If you’re unhappy with a decision not to issue an Education, Health and Care Plan (EHC) plan, or with the special educational content or placement in the plan, you can make an appeal to the Special Educational Needs and Disabilities (SEND) Tribunal. You’re also able to request recommendations about the health and social care content of the plan at the same time, provided there is also an education element. This will mean the Tribunal will take a more holistic, person-centred view of the needs of the child or young person.

This does not prevent you also complaining about other aspects of your disagreement through other complaint procedures. You should seek advice about the different routes available, including from your local Information Advice and Support Service (IASS). For residents of York this is York SENDIASS.

If the SEND Tribunal makes a recommendation about health or social care elements of an EHC plan, this is non-binding. The local authority or health commissioner is expected to follow such recommendations, but they are not legally binding. Where they are not followed, the reasons for not following them must be explained and set out in writing to you and to the Department for Education through the evaluators. If they are not followed, you can complain to the Local Government and Social Care Ombudsman (LGSCO) or Parliamentary and Health Service Ombudsman (PHSO) or look to have the decision judicially reviewed.