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

mediation ehcp

You are pursuing mediation to resolve the LA's refusal to issue an EHC plan. Mediation is voluntary and free.

Right to mediation

You can request mediation to try to resolve the dispute before or instead of going to tribunal.

What you can do

Contact the mediation adviser and arrange a session.

Mediation is free and independent

Mediation is provided free of charge by an independent mediator. The LA cannot influence the mediator's approach.

What you can do

Contact the mediation service - there is no cost to you.

Right to appeal after mediation

If mediation does not resolve the issue, you retain the right to appeal to the SEND Tribunal.

What you can do

Register your tribunal appeal using the mediation certificate if needed.

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 →