The SEND Tribunal: A Parent's Guide to Appealing EHCP Decisions
Over 95% of SEND Tribunal appeals are won by parents. If your Local Authority has refused to assess or issue an EHCP, here is everything you need to know about the appeal process.
Receiving a letter from your Local Authority refusing to assess your child for an EHCP, or refusing to issue a plan after an assessment, is a devastating moment. It feels like a door has been slammed in your face. However, that letter is not the end of the road. It is often just the beginning of a legal process where the odds are overwhelmingly in your favour.
The most important statistic you will read: Over 95% of appeals that go to the SEND Tribunal are won by parents. Local Authorities routinely refuse assessments based on budget constraints. The Tribunal only cares about the law.
What Can You Appeal?
- •Refusal to carry out an EHC Needs Assessment.
- •Refusal to issue an EHCP after an assessment.
- •The contents of an EHCP (specifically Section B: Needs, Section F: Provision, or Section I: Placement).
- •Refusal to amend an EHCP after an Annual Review.
- •A decision to cease (cancel) an EHCP.
Step 1: Mediation
Before you can lodge an appeal with the Tribunal, the law requires you to consider mediation. You must contact the independent mediation service named in your LA's decision letter. You do not have to attend a mediation meeting, but you must have a conversation with the mediator to receive a Mediation Certificate. You cannot submit your appeal without this certificate.
Step 2: Lodging the Appeal
Once you have your Mediation Certificate, you have one month to submit your appeal to the Tribunal (or two months from the date of the original LA decision letter, whichever is later). You will need to complete the relevant appeal form and submit it along with your evidence and the LA's decision letter.
Step 3: The LA's Response
Once the Tribunal registers your appeal, the LA has 30 days to submit their response. At this stage, a significant number of LAs "concede" — they look at your appeal, realise they will lose at a hearing, and agree to carry out the assessment or issue the plan without going to court.
Step 4: The Hearing
If the LA does not concede, your case will go to a hearing (currently, most hearings are held via video link). The hearing is overseen by a panel of three people: a legally qualified judge and two specialist SEN members. It is designed to be accessible to parents — you do not need a barrister to win.
How to Prepare Your Evidence
For a "Refusal to Assess" appeal, you must prove that your child has or may have SEN, and that they may need special educational provision made through an EHCP. Your evidence should include school reports and attainment data, medical letters (GP, CAMHS, paediatrician), a detailed parental view outlining the daily reality of your child's struggles, and evidence of what the school has already tried.
Need expert help?
If you are facing a refusal letter and need help preparing your appeal documentation or a formal challenge letter, our Expert Letter Service can help you put the strongest possible case in writing.
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