If you disagree with a decision your local authority has made with regards to your child’s education, health and care plan, our specialist SEN solicitors can help you fight your case through the appeals and tribunal process.
At its core, an education, health and care plan (EHCP) is designed to determine what provisions a child with special educational needs (SEN) needs to ensure they are able to make the most of their education. If you don’t agree with some of or all the provisions that are set out in your child’s EHCP, you can make an appeal to a tribunal.
It should be noted that, in most cases, you will need to have engaged in, or at least considered, mediation between you and your local authority before you are able to make an appeal. There are exceptions to this rule; for more information, visit our EHCP mediation page.
When can you make an EHCP appeal?
You can proceed with an appeal once you have received a final decision from your council via a covering letter providing you with your appeal rights, this often accompanies the final EHC plan. The grounds on which you can submit an appeal include (but are not limited to):
Your local authority has made the decision to not issue an EHCP following an assessment
Your local authority has made the decision to not conduct an assessment in the first place
You believe there are errors in the description of your child’s special educational needs (Section B of an EHCP)
You don’t believe the provision described in Section F of an EHCP is adequate
You do not agree with the school/college named in section I
Your local authority has made the decision to cease maintenance of an EHCP
What can an EHCP and SEN tribunal do?
If your appeal goes to a tribunal, they have a wide range of powers that can overturn your local authority’s decision where they believe the provision they have allocated is not sufficient. Depending upon the grounds of your appeal, they may be able to:
Grant an EHC needs assessment
Order that an EHC plan is compiled
Secure your child a place at your preferred school, whether that be a special, independent or residential school)
Provide access to therapies, such as occupational or speech and language therapies
Secure 1:1 support, or additional equipment needed to access their curriculum
Provide access to a home education programme
Make recommendations about the health and social care aspects of your child’s EHCP
Gurvinder Samra at Slater & Gordon has a brilliant way of asking specific questions that force local authorities to fulfil their statutory duties. After a complex two year battle, our LA agreed to fund the only appropriate provision for our child and this was expedited and seen over the line by Guv, saving our family from tribunals and further detrimental and unfair delays. She took the time to quickly understand the case and her interactions with our LA were respectful, clear and resolution driven.
5* Client review for Gurvinder Samra
We cannot thank Gurvinder Samra enough for her help securing a fantastic residential college placement for my 21-year-old daughter, who has cerebral palsy and complex needs. Before her involvement, we were struggling to get the care and resources we desperately needed, and felt lost in the process. Gurvinder navigated the complex legalities with professionalism and compassion, and truly listened and understood the needs of our family. A true advocate, she worked tirelessly and has definitely changed our lives beyond our wildest dreams.
5* Client review for Gurvinder Samra
Ensuring that your child has access to the support they need to succeed in education and later life is paramount to any parent or guardian. Our education and SEN solicitors are committed to fighting your cause and delivering successful outcomes, helping many families and experts alike through the tribunal process.
Our experts can help you:
Review decisions made by the local authority and provide insight into whether an appeal is likely to succeed
Draft an appeal that set out your case and handles any legal technicalities in education and SEN law
Provide access to experts who can provide evidence to support your case
Handle all communications with the local authority, tribunal and other third parties
Represent you in tribunal appeals, or arrange for a specialist barrister
Provide advise on a tribunal’s decision and what happens next
Our highly experienced SEN solicitors are regularly featured in independent, prestigious legal directories such as Chambers and Partners and the Legal 500, with a wealth of expertise in supporting families, court of protection deputies and clinical negligence solicitors in securing successful outcomes. Principal Lawyer, Gurvinder Samra, has also been nominated for the Law Society’s Legal Hero for making a lasting and tangible difference to the lives of her clients and bringing distinction to the legal profession.
We are an award winning law firm and have a dedicated team of education law solicitors to advise and guide you – no matter how complex your situation may be.
Tailored advice
We understand that everyone's situation is unique, so we focus on providing tailored advice and guidance to suit the needs of you and your family.
Talk to the experts
With a wealth of experience and a track record of success, our experts can support in any aspect of education SEN law.
Local access
We are a national law firm, with legal experts available locally across the UK. Meetings can be arranged via telephone or video call, to suit your requirements.
There are strict deadlines for making an appeal against your local authority’s EHCP decisions. Any appeal must be submitted within two months of the date of your local authority’s decision letter, or within a month of your mediation certificate date, whichever is later.
How long will an EHCP appeal take?
A tribunal hearing will be held roughly 12 weeks after you have lodged an appeal. They will then send you their written decision within 10 working days.
What evidence do you need for an EHCP appeal?
The evidence you need to support your appeal will depend upon the grounds of the appeal itself, so it is always best to speak to an expert appeals solicitor to ensure you provide all the relevant information to secure a successful outcome.
However, as a rule, it can be useful to include:
School reports, exam results or examples of work that show a lack of progress or difficulties keeping up
Any communications with teachers, doctors or professionals currently supporting your child
Any evidence that suggests your local authority has acted unreasonably, or unlawfully
Expert input from professionals such as educational psychologists or therapists
Any further evidence you have that suggests current provision allocated by your local authority (for example, you believe the school named in your child’s EHCP is not appropriate) cannot meet your child’s needs
Why use an EHCP appeals solicitor?
The appeals and tribunals process has been set up to enable parents and carers to make appeals themselves, so you may be wondering why you should instruct a lawyer. It’s important to remember that the success of your appeal will hinge on the strength of your case, and a specialist appeals solicitor familiar with the legal technicalities of SEN and education law can help to ensure your case is as strong as possible.
An EHCP appeals solicitor can help you to pull together all the evidence you need, including expert evidence, concentrate your case on the right points, and provide specific legal guidance. This can be especially important if your local authority instructs a barrister to support their own stance.
Gurvinder Samra at Slater & Gordon has a brilliant way of asking specific questions that force local authorities to fulfil their statutory duties. After a complex two year battle, our LA agreed to fund the only appropriate provision for our child and this was expedited and seen over the line by Guv, saving our family from tribunals and further detrimental and unfair delays. She took the time to quickly understand the case and her interactions with our LA were respectful, clear and resolution driven. 5* Client review for Gurvinder Samra
We cannot thank Gurvinder Samra enough for her help securing a fantastic residential college placement for my 21-year-old daughter, who has cerebral palsy and complex needs. Before her involvement, we were struggling to get the care and resources we desperately needed, and felt lost in the process. Gurvinder navigated the complex legalities with professionalism and compassion, and truly listened and understood the needs of our family. A true advocate, she worked tirelessly and has definitely changed our lives beyond our wildest dreams. 5* Client review for Gurvinder Samra