Who this guide is for
Parents and carers in England, and young people aged 16 to 25, who disagree with a council decision about an education, health and care (EHC) needs assessment or an EHC plan. It explains the time limits the council must keep to, what you can appeal to the SEND tribunal, mediation, and the deadline for appealing.
What this guide does not cover
- Wales, Scotland or Northern Ireland: see the Wales guide, the Scotland guide or the Northern Ireland guide. EHC plans only exist in England.
- Suspensions and permanent exclusions: use the school exclusions checker.
- SEN support in school without an EHC plan, and complaints about a teacher: ask the school, then your council.
- Personal budgets, school transport, and the council not arranging the help a plan already names: ask your council's SENDIASS (see below).
- Young people at university: GOV.UK says you cannot appeal to the SEND tribunal while you are studying at university or trying to get into one.
⚖ At a glance
- If the council decides not to carry out an EHC needs assessment, it must tell you within 6 weeks of receiving the request.
- The final EHC plan must be issued within 20 weeks of the council receiving the request, unless one of the narrow exceptions in the regulations applies.
- You have at least 15 days to comment on a draft plan and to ask for a particular school or college to be named.
- The tribunal must receive your appeal within 2 months of the date on the council's decision letter, or 1 month from the date of the mediation certificate, whichever is later.
- Before most appeals you must contact a mediation adviser. You do not have to go to mediation, only consider it.
- You cannot appeal a delay. Complain to the council, then to the Local Government and Social Care Ombudsman.
The questions that decide the answer
- Is the council in England? Yes: this guide. Wales, Scotland and Northern Ireland have different systems and their own guides.
- What has the council decided? A refusal to assess or re-assess, a refusal to issue a plan, the content of the plan, a decision to end the plan, or a refusal to change it after a review or re-assessment can be appealed. A delay cannot: it is a complaint.
- Is your appeal only about the school or college named in the plan? Yes: you can appeal straight away, with no mediation certificate. No: contact the mediation adviser first.
- What date is on the decision letter? The 2-month appeal time limit counts from that date.
- Who is appealing? A parent, or a young person over school leaving age and under 25 who is in education or training (not university).
The time limits the council must keep to
- Asking for an assessment: a parent, a young person aged 16 to 25, or the school or college can ask the council for an EHC needs assessment.
- 6 weeks: if the council decides an assessment is not needed, it must tell you within 6 weeks of receiving the request.
- 16 weeks: council guidance says that if, after the assessment, the council decides not to issue a plan, it tells you within 16 weeks of the request.
- Draft plan: you get at least 15 days, starting on the day the draft is served, to comment on it, ask for a particular school or college to be named, and ask for a meeting with a council officer about it.
- 20 weeks: the final plan must be issued within 20 weeks of the council receiving the request. The 20 weeks is for the final plan, not the draft. A few narrow exceptions in the regulations allow longer: ask the council which one it is relying on.
- After a re-assessment: an amended or new final plan must be sent within 14 weeks.
- Reviews: an EHC plan must normally be reviewed at least once a year.
If the council misses a time limit, you cannot appeal the delay itself. Complain to the council first. If you are still unhappy, you can complain to the Local Government and Social Care Ombudsman.
What you can appeal to the SEND tribunal
- A decision not to carry out an EHC needs assessment or re-assessment.
- A decision not to issue an EHC plan after an assessment.
- The content of a plan: the special educational needs (section B), the special educational provision (section F) and the school or other setting (section I).
- A decision not to change the plan after a review or re-assessment.
- A decision to stop maintaining (end) the plan.
When the appeal includes one of these education points, you can also ask the tribunal for recommendations about the health and social care parts of the plan. Councils' guidance says these recommendations are not binding.
Mediation before you appeal
For most appeals you must first contact the mediation adviser named in the decision letter and get a mediation certificate. You do not have to take part in mediation.
- Contact the mediation adviser within 2 months of the date of the council's decision letter. After that, the adviser cannot issue a certificate.
- If you tell the adviser you do not want mediation, the adviser must issue a mediation certificate within 3 working days.
- If you choose mediation, the council must take part. Council guidance says the meeting is held within 30 days.
- You do not need a mediation certificate if your appeal is only about the school or college named in the plan, the type of setting, or the fact that no setting is named.
- If you missed the 2 months for contacting the adviser, you can ask the tribunal for permission to appeal without a certificate.
How to appeal
The tribunal must receive your appeal within 2 months of the date on the council's decision letter, or 1 month from the date of the mediation certificate, whichever is later. You can appeal online through GOV.UK ("Appeal an education, health and care (EHC) plan decision"), or by post or email. You cannot appeal online if the child or young person is in custody or if the council has not carried out an EHC needs assessment.
If you win
The council must act on the tribunal's decision within set times:
- Start an assessment or re-assessment: within 2 weeks.
- Make an EHC plan: within 5 weeks.
- Change the needs or provision (sections B or F): within 5 weeks.
- Change the school or placement (section I): within 2 weeks.
- Continue a plan: immediately.
If the council does not do this, you can complain to the Local Government and Social Care Ombudsman.
"I think the school is discriminating because of my child's disability"
You can make a disability discrimination claim to the First-tier Tribunal (Special Educational Needs and Disability), also called the SEND tribunal. This is a separate claim from an EHC plan appeal. It hears claims against council-maintained schools, academies, free schools, alternative provision academies and independent schools registered with the Department for Education.
The time limit is strict. You cannot claim more than 6 months after the date of the conduct you are complaining about, and GOV.UK says the tribunal must receive the claim by 5pm on the day before the 6-month period ends.
Changes being discussed
The Schools White Paper, published on 23 February 2026, proposes changes to the SEND system, including Individual Support Plans. These are proposals only. They are not law. The consultation closed on 18 May 2026. The current EHC plan system, its time limits and your appeal rights still apply.
Deadlines
- Council tells you it will not assess: within 6 weeks of the request.
- Final EHC plan: within 20 weeks of the request.
- Your comments on a draft plan: at least 15 days.
- Contacting the mediation adviser: within 2 months of the date of the decision letter.
- Your appeal: received within 2 months of the date on the decision letter, or 1 month from the date of the mediation certificate, whichever is later.
- Disability discrimination claim: within 6 months of the conduct.
Money figures
This guide gives no money figures.
Where to go for help
The decision letter: it names the mediation adviser and explains your right to appeal.
SEND tribunal (help with the appeal form): 0300 303 5857.
Local Government and Social Care Ombudsman: 0300 061 0614, for delays and for a council not acting on a tribunal decision.
SENDIASS: your council's SEND information, advice and support service gives free, impartial advice. Your council's local offer website lists it.
Citizens Advice (England): 0800 144 8848
Traps
- The 20 weeks counts from the day the council received the request, not from when the assessment started.
- The appeal time limit counts from the date on the decision letter, not the day it arrived.
- You must contact the mediation adviser even if you do not want mediation, unless the appeal is only about the school or college named.
- A delay is not something the tribunal can decide. It is a complaint to the council, then the Ombudsman.
- The White Paper changes are proposals, not law.
📜 Sources (checked 24 September 2026)
- legislation.gov.uk: Special Educational Needs and Disability Regulations 2014, reg 4(1) (6 weeks), reg 13(1)-(3) (15 days on a draft plan, final plan within 20 weeks, exceptions), reg 27(2) (14 weeks after a re-assessment), reg 34(1)-(3) (mediation certificate within 3 working days; adviser contacted within 2 months; permission to appeal without a certificate).
- GOV.UK: Appeal an education, health and care (EHC) plan decision (who can appeal, 2 months / 1 month time limit, online, post or email, SEND tribunal 0300 303 5857, what the council must do if you win, Local Government Ombudsman 0300 061 0614).
- GOV.UK: Changes to the law on EHC needs assessments and plans, Annex A (annual review duty under section 44(1) of the Children and Families Act 2014).
- Council SEND local offer pages (Kent, Wokingham, Coventry, Lincolnshire, Worcestershire, BCP, Leicester): who can request an assessment, 16 weeks, what can be appealed, no certificate where only the setting is appealed, mediation within 30 days, health and social care recommendations. RECHECK on the SEND Regulations 2014 (regs 5, 10, 33, 37) and the Children and Families Act 2014 s36 and s55.
- GOV.UK: A guide for how to claim for disability discrimination (SEND4) - reused from the England school exclusions guide (checked 24 September 2026).
- Schools White Paper "Every Child Achieving and Thriving" (23 February 2026) and consultation closing 18 May 2026, as reported by Contact, Geldards and council scrutiny papers. RECHECK on GOV.UK for a government response or bill before the deploy.
- Citizens Advice number reused from earlier guides (checked 24 September 2026).