EHCP Appeals

If you believe your child is not receiving the adequate educational support, you may wish to initiate an appeal to the SEND Tribunal.

The appeal process varies based on your child’s circumstances, but regardless of the stage you find yourself in, our Education Lawyers are ready to assist you.

With years of expertise, we specialise in securing detailed and current Education Health and Care Plans (EHCPs) that comprehensively address your child’s unique needs.

Whether you want our assistance from the moment you receive your decision letter, just want some strategic advice, or wish for representation during a hearing, we are dedicated to accommodating your needs. Our commitment is to work diligently to secure the necessary support for your child, ensuring their educational requirements are met.

Appealing an EHCP

You have the option to file an appeal with the Special Educational Needs and Disabilities Tribunal if:

  • You disagree with the Local Authority’s decision not to issue an Education Health and Care Plan (EHCP) for your child after the assessment.
  • You disagree with the Local Authority’s decision to forego an Education Health and Care Assessment.
  • You believe the designated school named in the EHCP is unsuitable for your child.
  • Your child’s EHCP fails to designate a school.
  • You disagree with the specified provision outlined in your child’s EHCP.
  • Your child’s EHCP lacks specified and quantified provision.

If you’re uncertain about your eligibility to appeal your child’s EHCP, reach out to our Education Lawyers for personalised advice to your situation.

In cases where an appeal may not be applicable, our team can explore alternative avenues to assist you. Judicial Review may be one of several potential methods through which our specialized lawyers can provide support.

Missed EHCP Phase Transfer Deadline

The Local Authority responsible for maintaining your child’s Education Health and Care Plan (EHCP) must complete a review of any current EHCP ahead of a child moving between key phases of education. These are usually as follows;

  • early years provider to school
  • infant school to junior school
  • primary school to middle school
  • primary school to secondary school and
  • middle school to secondary school

The revised plan should specify the school your child is scheduled to attend starting in September. This requirement remains even if the actual school placement is not expected to change.

Should the Local Authority fail to meet the deadlines associated with each phase, we are ready to assist you. If necessary, you may challenge the decision through a judicial review, and we can guide you through all available options to secure the best outcome for your child. In cases like these, prompt action is required.

 

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