Appealing an Education Health and Care Plan – EHCP
When your child is issued with an Education, Health and Care Plan by a local authority, parents, families or the young adult (whom it’s actually for) have the opportunity to review the plan’s contents.
In the case that you, as the child’s parent, are not satisfied with the contents of the plan, you have the right to a process of appeal.
This appeal can focus on one particular aspect (or ‘provision’) in the report, several aspects of it, or an appeal against the entirety of the contents. In other words, ‘appealing an EHCP’s contents’ is a catch-all term.
Process of Appealing an EHCP
Just like other appeals processes related to EHCP assessment, issuance and annual review, mediation should always be the first step to resolving any dispute.
In some cases, mediation via the local authority’s designated mediation company can resolve matters. In cases where there is no resolution, the matter should then be turned over to a Special Educational Needs and Disability Tribunal (SENDIST).
Steps of EHCP Appeal Process
- Start the mediation process
- The mediation process should take place within the agreed statutory time period
- In the case that the mediation process does not yield a satisfactory outcome, then the appeal should be submitted to SENDIST (Note. This step is only possible after mediation). The appeal to SENDIST must be submitted within strict timescales – please be aware of these and act accordingly.
- SENDIST will work with all parties involved and render a decision regarding the appeal within the statutory timescale.