Special Educational Needs

What happens if I don’t agree with the final Education, Health and Care plan?

If you disagree with the final Education, Health and Care (EHC) plan you can contact a mediation and disagreement resolution service which is independent of the local authority, which aim to resolve disputes locally. Further details can be obtained from Support4SEND (Formerly Parent Partnership Service) or you can go to the Local Offer website.

You have a right of appeal to the First-tier Tribunal (Special Educational Needs and Disability) against the description of special educational needs, the special educational provision and the education placement set up in the EHC plan. Before making an appeal you must demonstrate that you have considered mediation with the local authority by contacting the mediation service. They will be able to give you a certificate to show you have done so. You can appeal without a mediation certificate only if your appeal relates to the type, or name, of school or institution specified in the EHC plan. Your right to go to tribunal is not affected by involvement in mediation or any of the actions listed above. Your appeal must be made within two months of the date that you receive the letter. There may be extra time depending on the involvement of the mediation service. Appeal forms and details of the procedure to be followed can be obtained from the First-tier Tribunal (Special Educational Needs and Disability).

Alternatively, you may wish to get in touch with Support4SEND who will be able to offer help and advice. Your right of appeal to the tribunal would not be affected by involvement in any local resolution arrangements.