Free guidance for parents on Education, Health and Care plan assessments, annual reviews, choosing a school placement, tribunal appeals, and what your local authority is legally required to provide.
↓ Try the Checker NowChildren and young people with special educational needs and disabilities (SEND) have the right to an Education, Health and Care (EHC) plan if their needs cannot be met by the school alone. The local authority must decide within 6 weeks whether to assess and complete the plan within 20 weeks.
Parents can appeal to the SEND Tribunal if they disagree with the EHC plan, the placement named, or a refusal to assess. Free impartial advice is available from SENDIASS in your area.
Key areas covered: SEND rights, EHC plan, SENDIASS, SEND tribunal, local authority, school placements, IPSA. Verified against GOV.UK and IPSEA.
You can appeal the decision not to assess, not to issue a plan following assessment, or the specific content of sections relating to needs and provision — the SEND Tribunal is the independent body that hears these appeals, separate from the local authority itself.
You must consider mediation and obtain a certificate confirming this before appealing to the Tribunal, though you can decline to actually attend mediation itself and still proceed to appeal — this step exists to give both sides one more chance to resolve things without a formal hearing.
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Describe your situation and we'll check your child's SEND rights
Scotland/Wales/NI: Different systems apply. Scotland uses Co-ordinated Support Plans. Wales uses Additional Learning Needs (ALN). N. Ireland uses Statements of SEN. Select your nation above for correct guidance.
Describe your SEND situation — include your child's age, what difficulties they have, what stage of the EHC process you are at, and what question you need answered.
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What can I actually appeal about an EHC plan?
You can appeal the decision not to assess, not to issue a plan following assessment, or the specific content of sections relating to needs and provision — the SEND Tribunal is the independent body that hears these appeals.
Do I need to try mediation before appealing?
You must consider mediation and obtain a certificate confirming this before appealing to the Tribunal, though you can decline to actually attend mediation itself and still proceed to appeal.
How long do I have to appeal an EHC plan decision?
Generally 2 months from the date of the decision, or 1 month from receiving a mediation certificate if that's later — missing this deadline can mean losing the right to appeal that specific decision.
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