What can you appeal?

You can bring an appeal to the SEND Tribunal if the Local Authority:

• refuses to carry out an EHC needs assessment or a Re-assessment of needs in an EHCP;
• have carried out an EHC needs assessment but refuses to issue an EHCP;
• decides not to amend an EHCP after an Annual review;
• decides that the EHCP is no longer necessary and they are going to ‘Cease to Maintain’ the EHCP;

There are also rights of appeal about the contents of an EHCP when first issued or reviewed/amended in a final form, specifically against:

• Section B: detailing the child or young person’s special educational needs;
• Section F: setting out the special educational provision specified in the EHCP;
• Section I: naming the school or other setting in the EHCP (and/or the type of school or setting), or if no school or other setting is named.

If you choose an extended appeal, the SEND Tribunal can also make non-binding recommendations about the health and social care aspects of EHCPs. This means although not legally required to comply health and social care are expected to follow such recommendations and must explain their reasons if they do not. If they are not followed, you can complain to the Local Government and Social Care Ombudsman (LGSCO) or Parliamentary and Health Service Ombudsman (PHSO) or seek to have the decision judicially reviewed.

Please note that with an extended appeal you must already be appealing in relation to education aspects of the EHCP and the education aspect of the appeal must remain live throughout the appeal. This gives you the opportunity to raise all your concerns about an EHCP, that is issued or amended, in one place. It also means that you can include the following sections in your appeal:

• Section C: detailing the child or young person’s health needs;
• Section D: detailing the child or young person’s social care needs;
• Section G: setting out the health provision specified in the EHCP;
• Sections H1 and H2: setting out the social care provision specified in the EHCP;

You need to make it clear on your appeal form if you want to include health and social care.

What sections can’t you appeal?

The following sections of an EHCP are completely outside of the SEND Tribunal’s scope:

• Section A – the views, wishes and aspirations of the child and his parents or the young person;
• Section E – the outcomes to be sought; and
• Section J – dealing with direct payments.

You cannot appeal about these sections of the EHCP.