What happens if I am not happy with the EHCP once finalised?

If you disagree with the content of an EHCP, we would advise that you seek to resolve matters informally and quickly, where possible. You have 2 months from the date that you are informed of a decision by a local authority, in which to appeal to the Special Educational Needs and Disability Tribunal. (SENDIST)

It has been a requirement now since the Children and Families Act can into force in 2014, that all parties contact a mediation advisor before appealing about the contents of a plan or a refusal to carry out an assessment or issue a plan. A party does not need to engage in medication however, must at the least obtain a certificate to show that they have received information about mediation but chosen not to participate.

A parent can appeal to a SENDIST once the local authority has made anew EHCP or where they have amended an existing statement or EHCP in the following circumstances; where they disagree with;

  • The description of the child or young person’s special educational needs specified in the statement or EHCP
  • The special educational provision named
  • The school or other institution specified on the plan
  • The fact that no school or other institution has been named

Some examples of what it is not possible to appeal against include:

  • Personal budgets
  • The health and social care provisions of an EHCP. It is possible to complain through different channels if there are issues that parents are unhappy about within the Health and Social Care sections of an EHCP
  • The local authority going over the time limits for assessing for an EHCP or issuing one
  • The school or local authority not delivering the help on the Statement or EHCP properly

If you have a concern about part of your child’s EHCP and you are unsure of whether or not you can appeal to SENDIST, please contact us for legal advice. There are often other channels of complaint that can be considered in order to achieve the outcome you require.

Please contact Clare Roberts on 0115 9599550 to discuss whether an appeal to the Special Educational Needs and Disability Tribunal (SENDIST) is possible, or use the form below.

© 2021 VHS Fletchers Solicitors | Authorised and Regulated by the Solicitors Regulation Authority Number 488216