Who Can Appeal?
- Parents of children aged 0 to the end of compulsory school age
- Young people over compulsory school age until they reach age 25
Parents and young people can appeal to the Tribunal about:
- A decision by a local authority not to carry out an EHC needs assessment or re-assessment
- A decision by a local authority that it is not necessary to issue an EHC plan following an assessment
- Information specified in an EHC plan e.g. the needs of the child / young person, educational provision specified or school
- An amendment to these elements of the EHC plan
- A decision by a local authority not to amend an EHC plan following a review or re-assessment
- A decision by a local authority to cease to maintain an EHC plan
When can I appeal?
There are three stages where a parent or young person will be given the opportunity to appeal; 6 weeks, 12 weeks and the end of the assessment, 20th week. When appealing, a copy of the decision that is being appealed against, copies of the assessment and date must be supplied to the Tribunal and the parent or young person making the appeal will be required to give reasons why they are appealing. The reasons do not have to be written in legal language but should explain why the appellant disagrees with the decision.
Click here to watch a clip on the appeals hearing.
Decisions the Tribunal can make:
- Dismiss the appeal
- Order the local authority to carry out an assessment
- Make and maintain an EHC plan
- Maintain a plan with amendments
- Order a local authority to reconsider or correct a weakness in the plan