Know Your Rights

Your legal rights at each stage of the EHCP process, with specific references to the SEND Code of Practice 2015 and Children and Families Act 2014.

This is general legal information, not legal advice. For specific advice about your situation, contact IPSEA or your local SEND IASS.
Initial Concerns Request Assessment Assessment Decision Assessment Underway Draft EHCP Final EHCP Annual Review Refused Assessment Mediation Assessment Refused EHCP Mediation EHCP Appeal Content Mediation Content Appeal Review Review Maintained Ceasing Plan Appeal Amended Content Mediation Review Appeal

appeal

You are considering or pursuing an appeal to the First-tier Tribunal (SEND). Appeals are free and you don't need a lawyer.

Appeals are free

There is no charge to register or proceed with a SEND Tribunal appeal. The tribunal is designed to be accessible to parents without legal representation.

Legal source

SEND CoP 11.39 ⓘ

What you can do

Register your appeal at gov.uk. You do not need to pay or hire a solicitor.

Mediation certificate required

Before registering an appeal you must contact a mediation adviser and obtain a mediation certificate — the Tribunal will not accept the appeal without one. The one exception is an appeal solely about the school or other institution named in the plan, which needs no certificate. For a refusal to assess or a refusal to issue a plan you must still obtain the certificate, but you are not required to take part in mediation itself.

What you can do

Contact a mediation adviser to get your certificate before registering the appeal.

2-month appeal deadline

You must register your appeal within 2 months of the decision being appealed, or within 1 month of receiving a mediation certificate.

Legal source

SEND CoP 11.45 ⓘ ; Tribunal Rules

What you can do

Note both deadlines and act on whichever gives you more time.

Existing plan stays in force during appeal

While an appeal is ongoing, the existing EHC plan (if any) remains in force. The LA must continue to deliver current provision.

Legal source

SEND CoP 9.155 ⓘ

What you can do

If the LA tries to change provision during appeal, remind them the current plan is in force.

Right to recommendations on health and social care

Since 2018, the tribunal can also make non-binding recommendations about health and social care provision (the 'National Trial').

Legal source

CFA 2014 s.51 ⓘ ; SEND CoP 11.69 ⓘ

What you can do

Ask the tribunal to consider health and social care recommendations alongside your appeal.

Cross-cutting rights

Some rights apply across the whole EHCP journey, not just at one stage.

Key Legislation

Children and Families Act 2014

The primary legislation establishing the EHCP system, rights to assessment, and the SEND Tribunal.

Read on legislation.gov.uk →

SEND Code of Practice 2015

Statutory guidance that LAs, schools, and health bodies must follow when supporting children with SEN.

Read on gov.uk →