EHCP mediation and appeals

Making an appeal

After you have considered mediation, you may wish to make an appeal if you disagree with either:

  • the decision not to carry out an Education, Health and Care needs assessment or re-assessment
  • the decision not to issue an Education, Health and Care Plan (EHCP)
  • the description of your child’s special educational needs in the EHCP (Section B)
  • the SEN provision specified in your child’s EHCP (Section F)
  • the educational placement named in your child’s EHCP (Section I)
  • a decision not to amend an EHCP following an annual review
  • a decision to cease an EHCP

You can only appeal about the health and social care elements of the EHCP if you are also appealing about other parts of the SEN provision (Sections B, F or I). This is called an extended appeal. You cannot appeal about the health and social care elements alone.

If the appeal is only about the name of the educational placement (Section I), you do not have to contact our mediation provider before making your appeal. 

Who hears your appeal

You make your appeal to the Special Educational Needs and Disability (SEND) Tribunal. This is also known as SENDIST.

The tribunal panel is independent from us and is run by HM Courts & Tribunals Service. The panel includes a judge.

After the hearing, the judge will issue an order explaining their decision and whether your appeal has been successful.

Getting help with an appeal

For help submitting your appeal paperwork, you can receive independent advice and support through SENDIASS. You can contact the SENDIASS team:

If you would like an update on your appeal after you have submitted it, you can contact SENDIST:

Their address is:

First-Tier Tribunal (Special Educational Needs and Disability)
1st Floor
Darlington Magistrates Court
Parkgate
Darlington
DL1 1RU

Independent information and advice

For independent support, you can consider the following options:

  • SENDIASS: independent and confidential advice
  • IPSEA: a charity that helps children and young people with SEND, in education
  • SOS!SEN: an independent charity who help give advice and support to parents who have children with SEND

Advocacy services

There are local, regional or national organisations that may be able to represent you at appeal. Please note that we cannot guarantee these organisations will be able to help and you may have to pay.

  • VoiceAbility: a service for specific advocacy needs, including support for those with a hearing impairment
  • Coram: an independent advocacy service for young people regarding care and social services, with support available for children with disabilities
  • The Advocacy People: an advocacy charity providing free, independent support and advice

Forms and guidance

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