How to appeal a council EHC plan decision at the SEND Tribunal

If your local council has refused to assess your child's special educational needs, refused to issue an EHC (education, health and care) plan, or you disagree with what the plan says, you can appeal. Appeals are decided by the First‑tier Tribunal (Special Educational Needs and Disability), known as the SEND Tribunal, which is independent of the council.

What decisions can you appeal?

You can appeal a refusal to carry out or repeat an assessment, a refusal to issue an EHC plan after assessment, and the contents of a plan that has been issued — in particular section B (your child's needs), section F (the support they will get) and section I (the school or institution named). You can also appeal a decision to stop maintaining the plan.

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Do you have to try mediation first?

In most cases, yes. Before you appeal you must contact an independent mediation adviser; the council names the service in its decision letter. You will then be given a mediation certificate, and the tribunal will not register your appeal without one. You do not have to go through mediation itself, but you must get the certificate. The one exception is where your appeal is only about the school named in section I.

What are the deadlines?

You must register your appeal within two months of the council's decision letter, or within one month of the date of the mediation certificate — whichever is later. If you miss both, the tribunal may refuse your case unless you can explain the delay.

What does it cost and who can help?

Appealing is free. Free advice is available from your local Information, Advice and Support Service and from the education‑law charity IPSEA. Legal aid may be available in some cases. A parent, a carer or a young person aged 16 or over can bring the appeal. Scotland, Wales and Northern Ireland follow different processes.

How is the appeal decided?

Once your appeal is registered, the tribunal arranges a hearing. A parent can submit written evidence — specialist reports, school reports, medical records — and set out their case in person. The council also presents its arguments. The tribunal's decision binds the council: if it is found to be wrong, it will be ordered to assess, issue or amend the plan within a set time.

Prepare early: gather your correspondence with the council, a copy of the disputed decision, the EHC plan itself if there is one, and evidence of the support your child actually needs. The more clearly you show the gap between your child's needs and what the council offers, the stronger your case. IPSEA and your local family support service give free help.