Appealing an EHCP Decision

If you or your child wants to appeal a decision about an Education, Health, and Care (EHC) needs assessment or plan (EHCP), you can do so by appealing to the Special Educational Needs and Disabilities (SEND) tribunal. There are no fees for making an appeal.

The SEND Tribunal (SENDIST)

The Special Educational Needs and Disability (SEND) tribunal is an independent national body with the authority to:

Order the local authority to

• Carry out an EHC needs assessment.

• Issue an EHCP.

• Amend the contents of an existing EHCP.

• Reinstate a ceased EHCP.

• Change the named school or setting in the EHCP.

You have two months from the date of the local authority’s decision letter or one month from the date of the mediation certificate to make an appeal, whichever is later. In certain circumstances, late appeals may be accepted if justified in writing.

Mediation

Mediation can be a helpful first step to resolve disagreements with the local authority. You must consider mediation before appealing to the SEND tribunal, except for placement-only (section I) appeals. Mediation in Torbay is provided by Global Mediation, and it’s free and less formal.

If you choose not to use mediation, a certificate will be provided to proceed with your appeal. If you opt for mediation, a meeting will be arranged within 30 calendar days.

To arrange mediation, contact:

**Global Mediation**: 0800 064 4488 | [info@globalmediation.co.uk](mailto:info@globalmediation.co.uk)

Types of Appeals

Refusal to Assess Appeal

If the local authority decides not to conduct an EHC needs assessment, you can appeal. This type of appeal is usually “papers only” meaning no hearing is required, but you can request one.

 Refusal to Issue, Contents, or Cease to Maintain Appeals

You can appeal if:

• The local authority refuses to issue an EHCP.

• You disagree with the contents of the EHCP.

• The EHCP has been ceased or going to be ceased.

Placement (Section I) Appeal

You have the right to request a particular school or setting in an EHCP. If the local authority disagrees, you can appeal without needing a mediation certificate.

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Unlawful Decisions

If you believe the local authority has acted unlawfully, you can make a claim for a judicial review. Judicial reviews assess the legality, fairness, and rationality of the decision-making process rather than the decision itself.

Additional Resources

• [SEND35 Appeal Form](https://www.gov.uk/): For lodging an appeal.

• [Refusal to Assess Appeals Leaflet](#)

• [Tribunal Advice Leaflet](#)

• [Section I EHCP Appeals Leaflet](#)

For more information:

- **Contact SENDIASS**: 01803 207884 (Mon-Fri, 10am-2pm) |

• Plan cessation

Consider mediation with the Torbay Council before appealing to the tribunal. For more information on tribunals, visit our appeals and mediation page. If outside the appeal timescales, request an early review of the EHCP by speaking to the SENCO or contacting the local authority.