Appeals can be made to the tribunal if we:

  • will not carry out an education, health and care needs assessment following a request by the parent/carer/young person or education provider;
  • refuse to issue an EHC plan after carrying out an education, health and care needs assessment.

If the we have issued or amended an EHC plan, parents/carers and young people can appeal if they disagree with:

  • the description of special educational needs;
  • the special educational provision (help they receive) in the EHC plan;
  • the name of the school or type of school named in the EHC plan or,
  • we haven’t named a school.

Appeals can also be made if we:

  • decide not to amend the EHC plan following an annual review or a re-assessment:
  • decide not to maintain the EHC plan (for example decides to cancel the plan);

The following conditions apply to appeals:

  • parents, carers and young people can appeal when an EHC plan is finalised, amended or when a replacement an EHC plan is issued.
  • appeals must be made within two months of receiving our decision letter or within one month of receiving a mediation certificate whichever is later
  • appeals against refusal to assess can only be made if we haven’t made a new EHC plan during the last six months.
  • if the appeal is against us ceasing an EHC plan, we have to continue to maintain the EHC plan until the tribunal has made its decision.

More information about tribunals can be found on the Gov.UK website