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Make an appeal

The assessment of your child’s needs will hopefully run smoothly, leading to the Education, Health and Care Plan (EHCP) that you want for your child and them getting the SEN help and support that they need. However, there may be several obstacles to ensuring that the special education needs of your child are met, including: 

  • The local authority refuses to carry out an EHC needs assessment.

  • The local authority carries out an EHC needs assessment but does not issue a EHCP.

  • You do not agree with the contents of the EHCP/Statement of SEN – this may be the description of your child’s special educational needs, the type or quantity of educational support and/or the school named.

Appealing to the Special Educational Needs and Disability Tribunal (SENDIST) 

To challenge any of the above decisions, parents can appeal to the Special Educational Needs and Disability Tribunal (SENDIST). A SENDIST hearing will take place around 12 weeks after your appeal is registered. It is unfortunately very rare to have a decision on the day of the hearing; they are normally received in writing within two weeks of the hearing date.

If successful in your appeal to SENDIST the local authority can be ordered to do one of the following:

  • Conduct an EHC needs assessment or reassessment.

  • Issue an EHCP.

  • Amend the EHCP/Statement.

If you would like to talk about making an appeal to the SENDIST then please contact us at [email protected] or call 0800 884 0723 - our specialist SEN solicitors are here to help.

Successful appeal against a refusal to assess results in fully funded package of support
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Successful appeal secures specialist residential school
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07 Aug 2017 Can home/school transport be included in an Education, Health and Care Plan?
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04 Aug 2017 Local Authority’s duty to consult over the summer break
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21 Jul 2017 SEN law update from leading legal professionals – 28 September 2017
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