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.
mediation assessment
You are pursuing mediation to resolve the LA's refusal to carry out an EHC needs assessment. Mediation is voluntary and free.
Right to mediation
You have the right to request mediation before or instead of appealing. The mediation must be arranged within 30 days.
Contact the mediation adviser and request a session.
Mediation is free
Mediation is provided free of charge and is conducted by an independent mediator, not the LA.
Contact the mediation service - there is no cost to you.
Right to appeal after mediation
If mediation does not resolve the dispute, you retain the full right to appeal to the SEND Tribunal.
If mediation fails, register your tribunal appeal using the mediation 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 →