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 Appeal Refused Assessment Mediation Assessment Refused EHCP Mediation EHCP Appeal Content Mediation Content Appeal Review Mediation Review

appeal content

You are challenging the content of the final EHCP. You can appeal Sections B, F, and I to the SEND Tribunal.

Right to appeal Sections B, F, and I

You can appeal the content of Sections B (needs), F (provision), and I (school placement) to the SEND Tribunal.

What you can do

Register your appeal within 2 months of the final EHCP.

Mediation certificate required for content appeals

Before appealing about Sections B, F, or I, you must contact a mediation adviser. You do not have to actually mediate.

What you can do

Contact a mediation adviser to get your certificate.

Provision must be specific and quantified

Section F must specify the type, hours, and frequency of support. Vague terms are not sufficient and can be challenged.

Legal source

SEND CoP 9.69; case law: L v Waltham Forest [2004]

What you can do

Check Section F for vague wording and include this in 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 →