Content/Placement appeals - EHCP
Most disagreements with final EHCP plans, concern:
- section B (a description of special educational needs) ,
- section F (a description of special educational provision) and/or
- section I (the name of the educational setting the child/young person will attend)
Any request to the SEND tribunal must include at least one of these sections for them to proceed (you can also decide to appeal health and social care needs/provision, but only if it is alongside an appeal around section B, F and/or I)
Section I - Placement appeals
You will be appealing part I of the final EHC plan if you don’t agree with the name of the setting written in that section, or if it just states a "type" of school. You can even appeal if it has been left blank in the final EHC plan. (If you have a new draft EHC plan, part I will always be left blank, so make sure you have the final EHC plan or amended final EHC plan if you are planning to appeal). If you are only appealing section I, you do not need to provide a mediation certificate.
Check with the Local Authority EHC Plan Co-ordinator (whose name and contact details will be on the decision letter from the council) has consulted with the setting/s of your preference. Also contact the setting/s to inform the head/principal that you have requested a place there as part of the appeal process. If you phone, make a note of any response (to add in the appeal form). You can include more than one name of setting of your preference on the appeal form if you wish.
Include evidence on your form taken from your EHC plan, particularly from part B (Needs) which may describe how your child is struggling or presenting in their current environment. Include information if your child is only in school part-time or finding it difficult to attend. Also use any evidence in part F (provision) of the EHC plan which would describe what support your child must be given to meet those needs, such as:
- expertise/staffing,
- therapeutic or specialist type of support,
- specific type of curriculum,
- small groups and/or
- specific environment
These types of provision are types which should be used to inform a suitable education setting in section I. You will also have an opportunity to send further information later in the tribunal process.
Section B/F - Content appeals
If you are appealing for a different setting to be named in section I, and the EHC plan does not include evidenced areas of SIGNIFICANT need/provision in the plan to inform the type of setting, you may want to consider also appealing section B and/or F of the EHC plan.
For example, you may be:
- waiting for a professional's report that you are aware has some significant recommendations for provision that you would wish to be included in the EHCP.
- thinking that the current provision is not "quantified or specified" enough to clearly identify what is needed
However, if there are some less significant pieces of information that you wish to be included in the EHC plan, then you may want this to be considered at an Annual Review instead. Whilst the length of time waiting for a tribunal varies, we tend to find that Section I only appeals can take place earlier, than those that include Section B/F.
Please note: you will require a mediation certificate if you are appealing either section B/F.
The Form
Form SEND35 is the Special Educational Needs and Disability Tribunal form you will need to complete for your appeal. Download the SEND35 form and save it before you start to complete it (make sure you save it as you go along). Once completed, you will then have to attach it to an email to the Tribunal.
There is also now an online form available which can be used to lodge an appeal directly to the SEND tribunal - https://appeal-about-ehc-plan-decision.form.service.justice.gov.uk/
Whichever way you choose to access the form, you can add any copies of reports/ annual review paperwork and any other information to assist your case as evidence. If possible, include your child’s voice such as in their own writing/ a drawing or via another person working with your child (add their name and profession).