Can I Appeal an EHC Plan Decision in England?

Who this guide is for

Parents and carers in England, and young people over compulsory school age and under 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: see our school exclusions guide.
• 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.

What the rules depend on

1. Is the council in England? Yes: this guide. Wales, Scotland and Northern Ireland have different systems and their own guides.
2. 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.
3. 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.
4. What date is on the decision letter? The 2-month appeal time limit counts from that date.
5. 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 over compulsory school age and under 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: if, after the assessment, the council decides an EHC plan is not necessary, it must tell you as soon as practicable and in any event within 16 weeks of receiving 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. This does not apply to an appeal only against a refusal to carry out an assessment. 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. It must arrange the mediation within 30 days of being told you want it.
• 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: a draft plan within 5 weeks of the order, and the final plan within 11 weeks of the order.
• 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.

You must normally claim within 6 months of the date of the conduct you are complaining about (if it went on over a period, from the end of that period). The tribunal may still consider a late claim, but it does not have to, 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.

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.