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.
assessment decision
The LA has made its decision. If they agree, the assessment begins. If they refuse, you have the right to appeal to the SEND Tribunal.
Right to written reasons for refusal
If the LA decides not to assess, they must notify you in writing, giving reasons, and inform you of your right to appeal.
If refused, request the full written reasons for the decision.
Right to appeal a refusal to assess
You can appeal a refusal to carry out an EHC needs assessment to the First-tier Tribunal (SEND). You do NOT need to mediate first for this type of appeal.
Register your appeal within 2 months of the refusal decision.
Right to mediation (optional for refusal to assess)
You must contact a mediation adviser before appealing, but you are not required to actually mediate for a refusal to assess - you just need the certificate from the adviser.
Contact a mediation adviser to get your certificate, then appeal.
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 →