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 amended content

An amended EHC plan brings a fresh right of appeal about its content — the needs in Section B, the provision in Section F, and the school named in Section I. You are not limited to what you raised at the review.

A fresh right of appeal comes with the amended plan

When the LA sends the finalised amended plan it must notify you of your right to appeal what is written in it, the time limit, and the mediation requirement.

Legal source

CFA 2014 s.51(2)(c) ⓘ ; Reg. 22 SEND Regulations 2014 ⓘ ; SEND CoP 9.198 ⓘ

What you can do

Provision must be specific and quantified

Section F must set out the special educational provision in terms specific enough to be enforceable. Vague wording such as 'regular support' is not provision.

Legal source

CFA 2014 s.37(2) ⓘ ; SEND CoP 9.69 ⓘ

What you can do

Read Section F of the amended plan and note every place hours, frequency or staff expertise are missing.

The amended plan stays in force while you appeal

Appealing the content of a plan does not suspend it. The LA must continue to secure the provision specified in Section F throughout.

Legal source

CFA 2014 s.42 ⓘ ; SEND CoP 9.130 ⓘ

What you can do

If provision stops during the appeal, write to the LA citing Section F and its s.42 duty.

Mediation certificate required

A content appeal needs a mediation certificate before the Tribunal will accept it. You do not have to mediate; you must contact an adviser and obtain the certificate.

Legal source

CFA 2014 s.55(1) ⓘ ; Reg. 32 SEND Regulations 2014 ⓘ

What you can do

Contact a mediation adviser to obtain your certificate.

Cross-cutting rights

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

Recording calls with the LA or school: your right under UK GDPR to record your own conversations, plus how to do it on Android, iPhone, and desktop.

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 →