Challenge an EHCP decision
You may be able to appeal to the Special Educational Needs and Disability (SEND) Tribunal if you disagree with certain decisions made by Buckinghamshire Council about an Education, Health and Care Plan (EHCP).
The SEND Tribunal is independent of Buckinghamshire Council.
Before making an appeal
Most SEND appeals require you to consider mediation before an appeal can be registered with the Tribunal.
This is known as obtaining a mediation certificate.
Mediation provides an opportunity to discuss the disagreement and explore whether it can be resolved without a Tribunal hearing.
Mediation
Mediation is an informal way of resolving disagreements with the local authority.
You can:
- take part in mediation
- choose not to participate after obtaining information about mediation
If you decide not to participate, you can still obtain a mediation certificate and proceed with an appeal where appropriate.
Decisions you can appeal
If Buckinghamshire Council refuses to carry out an EHC needs assessment, you may have a right of appeal.
The Tribunal will consider whether the legal test for an assessment has been met.
Examples of evidence that may be relevant include:
- school records
- professional reports
- evidence of SEN Support
- information from parents or carers
If Buckinghamshire Council completes an EHC needs assessment but decides not to issue an EHCP, you may have a right of appeal.
The Tribunal will consider whether an EHCP is necessary for the child or young person.
You may be able to appeal:
- Section B (special educational needs)
- Section F (special educational provision)
- Section I (education placement)
The Tribunal can consider whether the EHCP accurately describes needs and provision and whether the named placement is appropriate.
You may appeal if you disagree with the education setting named in Section I of a final EHCP.
The SEND Tribunal can consider whether the setting named by the local authority is appropriate and whether your preferred setting should be named instead.
When considering placement issues, the Tribunal may also need to consider the special educational needs and special educational provision set out elsewhere in the EHCP.
For information about different types of education provider, see choosing an education provider.
You may be able to appeal if Buckinghamshire Council decides to cease maintaining an EHCP.
The Tribunal will consider whether the legal criteria for ending the EHCP have been met.
Preparing for an appeal
You should consider gathering:
- professional reports
- school records
- correspondence
- review paperwork
- evidence of support already provided
You may also wish to prepare written arguments explaining:
- why you disagree with the decision
- what outcome you are seeking
- the evidence supporting your position
Working documents
Working documents are commonly used during SEND Tribunal appeals.
A working document is a version of the EHCP that allows the parties to identify:
- areas that are agreed
- areas that are disputed
- proposed amendments
Working documents are frequently used to narrow issues before a hearing.
Tribunal hearings
The Tribunal will consider evidence provided by all parties.
The Tribunal may:
- uphold the local authority's decision
- order amendments to the EHCP
- direct the local authority to take specific actions permitted within its powers
Tribunal hearings are intended to be accessible to parents, carers and young people.
How SENDIAS can help
SENDIAS can help with SEND Tribunal appeals and may provide advice once a response has been received from the local authority. In exceptional circumstances, Bucks SENDIAS may provide representation, case management support or attend hearings.
For additional help, the source material signposts to:
- IPSEA
- SOS!SEN
- Legal Aid
- specialist SEND solicitors and barristers