Appeals and mediation about EHC plans

Before you appeal

Let us know if you’re not happy with a decision about an education, health and care (EHC) assessment or plan. We try to sort out disagreements as soon as possible, without the need for appeal. You have up to 2 months to decide whether to appeal. This may be longer if you have mediation.

Email the ISEND Assessment and Planning Team or call 01273 336740.

Contact Amaze for independent advice and support.

Mediation

Mediation can help you sort out disagreements without having to appeal. If you do have mediation and you’re still not happy, you can still appeal.

If your appeal is about an EHC needs assessment or the education part of an EHC plan, you must get mediation advice. If you don’t want mediation, the mediation service will give you a certificate to give to the Tribunal when you lodge your appeal.

You don’t have to get mediation advice if your disagreement is just about:

  • the education placement named in the EHC plan
  • the health or care part of an EHC plan, or
  • a statement.

You can still have mediation if you want to.

Children and young people can take part in mediation with their parents and carers. Young people over 16 can ask for mediation themselves, or their parents can ask for them.

Contact Global Mediation.

Appeal

If mediation isn’t successful, or if you don’t want mediation, you can appeal to the SEN and Disability Tribunal. You must do this within 2 months of the date on your decision letter or a month from the date of the mediation certificate – whichever is later.

Parents of children under 16, and young people aged 16 to 25, can appeal about a decision:

  • not to do an EHC needs assessment
  • not to reassess
  • not to write an EHC
  • to stop a plan, and
  • the education parts of the EHC plan.

Appeal to the SEN and Disability Tribunal.

You can also ask the Tribunal to make recommendations about the health or care parts of the plan, as part of an appeal about the education parts. However, the Tribunal’s recommendations for health and social care are not legally binding. This is part of a national two year trial that began 3 April 2018.

If we, or the health commissioner do not follow the Tribunal’s health or social care recommendations we must tell you why in writing.

You can complain to the