EHCP Appeals: Your Complete UK Rights and Timeline Guide

Your local authority has refused to assess your child. Or they’ve issued an EHCP that’s woefully inadequate. Or they’ve named the wrong school. You know their decision is wrong, but what can you actually do about it?

This is where many parents feel powerless—caught between a system that’s failing their child and uncertainty about their legal rights. But here’s what you need to know: you have powerful legal rights to challenge EHCP decisions, and families who use these rights win the vast majority of the time.

This comprehensive guide will walk you through everything you need to know about EHCP appeals in the UK—from understanding what you can appeal, to navigating mediation, to preparing for and attending a tribunal hearing.

Understanding Your Right to Appeal

The First-tier Tribunal (Special Educational Needs and Disability) exists specifically to resolve disputes between parents and local authorities about EHCPs. It’s an independent legal body with the power to order local authorities to take specific actions.

Crucially, tribunal is free to parents. You don’t need a solicitor (though you can have one), and there are no fees. The tribunal has the power to make legally binding decisions that the local authority must follow.

What You Can Appeal

You Have the Right to Appeal:

Refusal to conduct an EHC needs assessment: When the LA refuses your request for assessment
Refusal to issue an EHCP after assessment: When the LA assesses but decides not to issue a plan
The content of the EHCP:
- Section B (description of special educational needs)
- Section F (special educational provision)
- Section I (name of school or type of school)
Refusal to amend an EHCP following annual review: When you’ve requested amendments and the LA refuses
Decision to cease to maintain an EHCP: When the LA decides to stop your child’s plan
Refusal to conduct a re-assessment: When the LA won’t reassess despite changed circumstances

Important: What You Cannot Appeal

You cannot appeal to tribunal about:

Section H (health provision) or Section J (social care provision) - these are dealt with through health/social care complaints processes
The way the LA has carried out the process (though you can complain about this)
The general quality of provision being delivered (though if provision specified in Section F isn’t being delivered, this strengthens a case for amendments)

Critical Timelines: Don’t Miss Your Deadline

This is crucial: You have only 2 months from the date of the LA’s decision letter to register your appeal. If you miss this deadline, you lose your right to appeal (unless there are exceptional circumstances).

Appeal Deadlines:

2 months from the decision date: This is when you must register your appeal with the tribunal
The clock starts from the date on the decision letter, not when you receive it
Calendar months, not working days: If the decision is dated 1st March, your deadline is 1st May
Don’t wait to see if mediation resolves the issue: Register your appeal within 2 months even if you’re trying mediation (you can always withdraw the appeal if mediation succeeds)

Step 1: Mediation (Sometimes Required)

Before you can register an appeal to tribunal, you must first contact mediation services. This is a legal requirement for most types of appeal.

What Is Mediation?

Mediation is a meeting between you, the local authority, and an independent mediator who tries to help you reach an agreement. The mediator has no power to make decisions—they simply facilitate discussion.

Key Facts About Mediation:

Mediation is free and usually takes 1-2 hours
You can bring a supporter or advocate with you
If you reach an agreement, it should be put in writing
If you don’t reach agreement, you receive a mediation certificate which allows you to proceed to tribunal
The mediation certificate is valid for your appeal even if issued more than 2 months after the decision (as long as you contacted mediation within 2 months)

When Mediation Is Not Required:

Refusal to assess: You can go straight to tribunal without mediation
School naming only: If you’re only appealing Section I (school name) and nothing else
Ceasing to maintain: Though in practice, many families still use mediation to try to resolve the issue

Should You Attend Mediation or Just Get the Certificate?

You can request a mediation certificate without attending mediation—this is called “opting out.” However, consider attending mediation if:

The issues are relatively minor and there’s potential for resolution
You want to understand the LA’s position before tribunal
There’s been a misunderstanding that might be resolved through discussion

Skip straight to a certificate if: The LA’s position is entrenched, the issues are fundamental, or previous attempts at resolution have failed.

Step 2: Registering Your Appeal

Once you have your mediation certificate (or if mediation isn’t required), you can register your appeal with the First-tier Tribunal (SEND).

How to Register:

Complete the appeal form: Available on the GOV.UK website or from IPSEA. Be specific about what you’re appealing and why.
Attach your mediation certificate: If required for your type of appeal.
Include the LA’s decision letter: The letter you’re appealing against.
Send to the tribunal: Address is on the form. Send via tracked delivery or email if permitted.
Within 30 working days: The LA must send their response and a full case bundle with all evidence.

The Tribunal Process: What Happens Next

Once your appeal is registered, the tribunal process begins. Here’s the typical timeline:

Tribunal Timeline:

Day 0: You register your appeal
Week 4-5: LA submits their response and case bundle
Week 6-8: You have time to review the LA’s case and submit your response and any additional evidence
Week 8-10: Case management—the tribunal may request additional information or hold a case management hearing
Week 12-20: The tribunal hearing is scheduled (timescales vary by region and complexity)
1-2 weeks after hearing: Tribunal decision issued in writing

Important: Many cases settle before reaching a hearing. The LA may make a concession or offer amendments once they see you’re serious about tribunal.

Building Your Case: Evidence That Wins Appeals

Tribunal success depends on the strength of your evidence. The tribunal panel will make their decision based on the written and oral evidence presented, applying the law to the facts of your child’s case.

Essential Evidence for Your Appeal:

Professional reports: Up-to-date assessments from educational psychologists, therapists, doctors. Independent assessments carry significant weight.
Expert witness reports: Professionals who can provide specialist opinion on your child’s needs and required provision.
School evidence: Reports showing current provision, progress data, incident logs, correspondence.
Parent evidence: Your witness statement plus tracking data, examples, photos—evidence of needs at home and in the community.
Comparative evidence: If appealing school placement, evidence about why your preferred school meets needs better than the LA’s named school.
Financial evidence: If the LA claims provision is too expensive, cost comparisons can be relevant.

Your Witness Statement

Your witness statement is one of the most important documents in your appeal. This should be a detailed, evidence-based account of:

Your child’s needs and how they manifest in different settings
The history of concerns and interventions
Impact on the child and family
Why the LA’s decision is wrong and what needs to change
Evidence supporting your case (cross-referenced to documents in your bundle)
Specific provision you believe your child needs and why

Preparing for the Tribunal Hearing

The tribunal hearing can feel daunting, but understanding what to expect helps significantly.

Who Sits on the Panel?

The Tribunal Panel Usually Consists Of:

A tribunal judge (chair): A qualified lawyer who leads the hearing and makes legal decisions
A specialist member with educational expertise: Often a former teacher or educational psychologist
A specialist member with health/social care expertise: Often a doctor, therapist, or social worker

What Happens at the Hearing?

Typical Hearing Structure:

Introductions: Everyone introduces themselves
Preliminary issues: The judge clarifies what’s being appealed and any procedural matters
Parent evidence: You (and any witnesses you’ve called) give evidence and are questioned
LA evidence: LA representatives and their witnesses give evidence and are questioned
Closing submissions: Both sides summarize their position
Panel deliberation: The panel discusses (usually in private) and makes their decision
Decision: The decision is sent in writing, usually within 1-2 weeks

Tips for Giving Evidence at Tribunal:

Be honest and factual—don’t exaggerate
Stick to the issues—focus on your child’s needs and required provision
Stay calm and professional even if the LA makes frustrating claims
It’s okay to show emotion—you’re a parent fighting for your child
Take your time answering questions—think before you speak
If you don’t know something, say so—don’t guess
Refer to your documents by page number when making points

Do You Need Legal Representation?

Many families successfully represent themselves at tribunal. However, legal representation can be valuable in complex cases.

Consider Getting Legal Help If:

Your case is legally complex
The LA has solicitors representing them
You’re appealing school placement and costs are a significant issue
You have multiple appeal grounds
You don’t feel confident representing yourself
You have legal expenses insurance that might cover representation

Sources of Legal Help:

IPSEA Tribunal Support Service: Free support for families (though limited availability)
SOS SEN: Free advice line and some tribunal support
Legal aid solicitors: In rare cases, legal aid may be available
Private SEN solicitors: Costs vary but typically £2000-£10000+ for full representation
Law school clinics: Some universities offer free support through student legal clinics

What Happens If You Win?

If the tribunal finds in your favor, their decision is legally binding. The LA must implement the tribunal’s order.

Tribunal Powers:

Order the LA to assess: If they refused
Order the LA to issue an EHCP: If they refused after assessment
Make specific changes to the EHCP: Amending Sections B, F, or I
Order a specific school placement: Naming your preferred school in Section I

The LA usually has tight timescales to implement the tribunal’s decision—typically they must issue an amended EHCP within a few weeks.

What Happens If You Lose?

If the tribunal doesn’t find in your favor, you have limited options:

Appeal to Upper Tribunal: Only possible on points of law (where you believe the tribunal made a legal error), not on disagreement with their factual findings. This is complex and usually requires legal representation.
Gather new evidence and request changes: If circumstances change or new evidence emerges, you can request amendments through the annual review process or an interim review.
Work with what you have: Focus on ensuring the existing provision is fully implemented and effective.

Success Rates and What They Mean

Here’s an encouraging statistic: families win the vast majority of cases that reach tribunal. Recent statistics show:

Tribunal Success Rates:

Over 90% of cases that reach a hearing result in outcomes favorable to families
Many cases settle before reaching a hearing once the LA sees the strength of evidence
Even partial wins can result in meaningful improvements to your child’s provision

These statistics aren’t a guarantee, but they reflect an important truth: when families prepare thoroughly and present strong evidence, tribunals recognize that parental concerns are usually well-founded.

Final Thoughts: Your Right to Justice

The tribunal system exists because Parliament recognized that families need an independent route to challenge local authority decisions. It’s not about being adversarial—it’s about ensuring your child receives the education and support they’re legally entitled to.

Yes, appeals take time and energy. Yes, they can be stressful. But when the alternative is accepting inadequate provision that fails your child, fighting for their rights is not just your option—it’s your responsibility as their advocate.

You have powerful legal rights. The tribunal success rate shows these rights are effective when properly used. Don’t be intimidated by the system—thousands of families successfully navigate it every year, and with the right preparation and support, you can too.