If we’ve done an Education, Health & Care (EHC) needs assessment, or there is disagreement with the findings, the SEND tribunal will hear an appeal as long as it is made within two months of the date on the decision letter. This can be extended by up to a month upon receipt of a mediation certificate.
If an appeal is to be made to a SEND tribunal, the parent/carer or young person will need to speak to a mediator and get advice from them about how to proceed.
An appeal can be made if we’ve:
- refused to do an EHC assessment
- refused to provide an EHCP after the assessment
- refused to reassess an existing EHCP that’s over six months old
- decided not to change an existing EHCP
- decided to make a change to the EHCP that you don’t agree with
- decided to cease the EHCP
- the description of the special educational needs in the EHCP
- the special educational needs help that we’ve recommended in the EHCP
- the school we’ve named in the EHCP
- if we haven’t named a school at all in the EHCP
If one of the above applies, changes can also be requested to the health and/or social care sections of the EHCP. This is now called an Extended Appeal. Please see the ‘Single route of redress – SEND Tribunal Extended Powers’ for more information.
For further information contact: HM Courts & Tribunal Service, Special Educational Needs & Disability Tribunal, 1st Floor, Darlington Magistrates’ Court, Parkgate, Darlington DL1 1RU. Telephone 01325 289350 or email firstname.lastname@example.org