There is a substantial amount of case law about the content of an Education, Health & Care Plan (EHCP) and how it should be drafted. This should all be considered when appealing about the contents of an EHCP. You may also require further expert advice in the preparation of an appeal.
The EHCP should contain:
Each section must be clear, concise, detailed, understandable and accurate.
You may need to obtain a mediation certificate before sending an appeal to the SENDIST. The SENDIST must receive your appeal form no more than one month after the date on the mediation certificate, or two months from the date of the local authority’s decision, whichever is later.
The EHCP must provide an accurate description of a child or young person’s SEND. The provision must be sufficient to cater for those needs. The placement must be able to deliver the support and cater for the child or young person’s needs generally.
The sections which describe the special educational needs, special educational provision and the school placement can be appealed to the Special Educational Needs and Disability Tribunal (SENDIST).
Before you can appeal to the SENDIST you may need to consider mediation.
We can advise whether mediation is likely to be successful. If you decide to proceed with mediation, we can help to make sure that you are properly prepared.
If you do not reach an agreement with the local authority during mediation, or if you decide not to try mediation, we can help you to prepare an appeal to the SENDIST. This would include compiling your evidence, seeking further evidence as necessary, and making written representations. We can also represent you at the final hearing should you need us to.
It is important to be able to present the case in such a way that the evidence that you have supports your case with reference to the law. We will provide clear and detailed advice, from the outset, about your prospects of success and any further evidence that may be required.
If you would like to discuss your case then please contact us at [email protected] or call 0800 884 0723 – our specialist SEN solicitors are here to help.
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