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.
refused ehcp
The LA has refused to issue an EHC plan after assessment. You have the right to appeal this decision.
Right to written reasons for refusal to issue
The LA must notify you in writing of their decision not to issue an EHCP, giving reasons and informing you of your right to appeal.
Request the full written reasons for the refusal to issue.
Right to appeal refusal to issue
You can appeal the LA's decision not to issue an EHC plan to the SEND Tribunal. You do NOT need to mediate first.
Register your appeal within 2 months of the refusal decision.
Right to all assessment evidence
You have the right to see all the advice and reports gathered during the assessment, which may support your appeal.
Request copies of all assessment reports to use in your 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 →