If you are not happy with a local authority decision about your child’s special educational needs, you can appeal to the First-Tier Tribunal. Find out how we can help with the SEND Appeals process.
In this section, we’ll explain more about the different types of appeal, and how we can act on your behalf. We have also prepared accompanying SEND information pages about different aspects and pages for frequently asked questions.
What can I appeal about?
Regarding a child’s special educational needs, you can appeal to the First-Tier SEND Tribunal in a number of circumstances:
- If the LA refuses to carry out a statutory assessment of your child’s needs, or an application to reassess (if it hasn’t assessed within the past six months)
- If the LA refuses to issue an Education, Health and Care Plan after the completion of an EHC needs assessment
- If you disagree with the final plan. This means anything in Section B (about your child’s special educational needs), Section F (the provision decided to meet those needs) or Section I (the placement or educational setting the LA decides on for your child or young person, or if it doesn’t name a setting at all)
- If, after a reassessment, the LA refuses to change a plan or makes changes to the plan that you do not agree with (or a previous EHC plan) in sections B, F or I.
- After an annual review, when the LA decides not to amend a plan, or makes changes that you do not agree with
- If the LA wants to cease to maintain an ECHP at any time, including after an annual review.
Read our page on how we can support you if your local authority (the local council that provides education) has refused to carry out a statutory assessment of your child or young person’s special educational needs.
Find out more about appeals to the First-Tier Tribunal
Click an image below to find out more about appealing after a refusal to either conduct an Education, Health and Care Needs Assessment, a refusal to make an EHC Plan, appeal the contents of your child’s EHCP. We also have a section on the frequently asked questions about the First-Tier SEND Tribunal.
