Last reviewed: March 2026
Written by: School of Diversity SEND Support Team
Topic: Education, Health and Care Plans (EHCP)
This guide is designed to help parents understand the EHCP process in England and is regularly updated to reflect SEND guidance and procedures.
EHCP Appeal Process Explained (SEND Tribunal Guide for Parents)
Parents can appeal an EHCP decision if they disagree with a local authority’s decision about an EHC needs assessment, the issuing of an Education, Health and Care Plan, or the contents of the plan. Before appealing to the SEND Tribunal, parents usually need to consider mediation. The tribunal allows an independent panel to review the case and decide whether the local authority’s decision should change.
Key Takeaways
Parents can appeal decisions about EHC needs assessments, EHCP refusals, or the contents of a plan.
Most appeals require parents to consider mediation before going to the SEND Tribunal.
The SEND Tribunal is independent of the local authority and reviews evidence from both sides.
Appeals can challenge Section B (needs), Section F (provision), and Section I (school placement).
A successful appeal may result in the local authority reassessing needs, issuing a plan, or changing the EHCP.
Receiving a decision about an Education, Health and Care Plan (EHCP) that you disagree with can feel frustrating and confusing. Many parents find themselves unsure about what to do next when a local authority refuses an assessment, refuses to issue a plan, or issues an EHCP that does not fully reflect their child’s needs.
The EHCP appeal process allows parents to challenge certain decisions through mediation and, if necessary, the Special Educational Needs and Disability (SEND) Tribunal. Understanding how this process works can help parents feel more confident about the steps available to ensure their child receives the right support.
When Can Parents Appeal an EHCP Decision?
Parents have the right to appeal several types of decisions made by the local authority.
These include:
Refusal to Carry Out an EHC Needs Assessment
If the local authority decides not to assess your child’s needs, parents may appeal the decision.
This often happens when the authority believes the child’s needs can be met through SEN support alone.
Refusal to Issue an EHCP
Sometimes a local authority carries out an assessment but then decides not to issue an Education, Health and Care Plan.
Parents can appeal if they believe the assessment shows their child requires additional support.
Disagreement with the Contents of an EHCP
Parents may also appeal if they disagree with parts of the plan, including:
Section B – the description of the child’s needs
Section F – the special educational provision
Section I – the school or placement named in the plan
What Is the SEND Tribunal?
The SEND Tribunal is an independent panel that reviews disputes between parents and local authorities about EHCP decisions.
The tribunal considers:
evidence from parents
evidence from the local authority
professional reports
school information
After reviewing the evidence, the tribunal decides whether the local authority’s decision should be changed.
Do Parents Need to Try Mediation First?
In most cases, parents must consider mediation before appealing to the SEND Tribunal.
Mediation is a meeting where parents and the local authority try to resolve the disagreement with the help of an independent mediator.
Parents can choose to:
take part in mediation, or
request a mediation certificate and proceed directly to appeal.
The mediation certificate is usually required before submitting a tribunal appeal.
How to Appeal an EHCP Decision
The appeal process usually involves several steps.
1. Receive the Decision Letter
The local authority will send a letter explaining the decision and your right to appeal.
2. Contact the Mediation Service
Parents must contact a mediation adviser within the timeframe stated in the decision letter.
3. Request Mediation or a Mediation Certificate
Parents can either attend mediation or request the certificate needed to proceed to tribunal.
4. Submit an Appeal to the SEND Tribunal
Parents can submit an appeal using the SEND Tribunal application form and provide evidence explaining why the decision should change.
What Evidence Helps in an EHCP Appeal?
Strong evidence can help support an appeal.
This may include:
school reports
educational psychologist reports
speech and language therapy reports
medical information
examples of difficulties at school
parent observations
Clear evidence showing how the child’s needs affect their education can strengthen the case.
What Happens After the Appeal Is Submitted?
Once an appeal is submitted:
The tribunal registers the case
The local authority responds
Evidence is exchanged between both sides
A hearing date is set
During the hearing, the tribunal panel listens to both sides before making a decision.
Possible Outcomes of an EHCP Appeal
After reviewing the case, the tribunal may decide to:
order the local authority to carry out an assessment
require the authority to issue an EHCP
amend the contents of the plan
change the school named in Section I
The tribunal’s decision is legally binding.
Understanding the EHCP Appeal Process
Appealing an EHCP decision can feel daunting, but many parents successfully challenge decisions when they believe their child’s needs have not been fully recognised.
Understanding your rights and the available steps can help ensure that your child’s educational needs are properly considered.
EHCP Appeals FAQ
How long do parents have to appeal an EHCP decision?
Parents usually have two months from the decision letter, or one month after mediation, to submit an appeal.
Do parents need a lawyer for a SEND Tribunal?
No. Many parents represent themselves at the tribunal.
Can parents appeal the school named in an EHCP?
Yes. Parents can appeal decisions about Section I, which names the school or placement.
What happens if parents win the appeal?
If the tribunal rules in favour of the parents, the local authority must follow the tribunal’s decision.
Explore more EHCP guidance
Understanding the appeal process can be an important step if you disagree with a local authority decision. If you would like a broader overview of Education, Health and Care Plans, you can explore our complete EHCP guide for parents, where all of our EHCP resources are brought together in one place. If you are preparing a request or considering further evidence, our guide on what evidence you need for an EHCP explains the information that can support an application. You may also want to read how long an EHCP takes, which outlines the typical timeline for assessments and plans, or explore EHCP refused – what to do next for additional guidance on responding to a refusal.