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.
appeal review
The LA has refused to amend the EHCP after annual review. You can challenge this decision through mediation or tribunal.
Right to appeal refusal to amend
If the LA refuses to amend the plan after annual review, you can appeal to the SEND Tribunal.
Register your appeal within 2 months of the refusal to amend.
Mediation certificate required
You must contact a mediation adviser before appealing a refusal to amend after review.
Contact a mediation adviser to get your certificate.
LA must decide on amendments within 4 weeks
The LA must notify you within 4 weeks of the review whether they propose to amend, maintain, or cease the plan.
Chase the LA in writing if no decision within 4 weeks of the review.
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 →