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EHCP Appeals

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So you have gone through the long process of obtaining an EHCP. The EHCP arrives and you are not satisfied with it. Richard Nelson LLP’s specialist solicitors can provide help and advice during the next steps.

Before you decide whether or not you’re happy with your child’s plan, it’s helpful to know what the EHCP should contain:

The law does not prescribe any particular format and therefore every LA has a different template they follow, although each EHCP should contain all of the above sections.

Two common problems with EHCPs are that they often do not fully describe all of the child’s or young person’s special educational needs (Section B) and the provision (Section F) stated in the plan is vague and not specific and quantified. It is a legal requirement that all of the child’s special eduational needs are described in the EHCP and that provision in section F is detailed, specific and quantified. Additionally, it may not name the school you want (Section I).

If you are not happy with the final EHCP, you have the right to appeal Sections B, F and I.

We can advise you on your right to appeal and prepare your appeal on your behalf.

Appealing the EHCP

If you are not happy with your child’s EHCP or the way that the the application progress was handled, you may be able to make an appeal. Richard Nelson LLP’s solicitors can help you to work out if you have the grounds for an appeal and how to give your appeal the best chance of success.

You can appeal against the following:

 

How to make an appeal

You must receive a decision letter from your Local Authority stating that they refuse to assess, refuse to issue, refuse to reassess, refuse to maintain or replace or amend an EHCP or a letter enclosing a final EHCP.

You have two months from the date of the decision letter to appeal or 30 days from the mediation certificate, whichever is later.

Mediation

It is a requirement before making an appeal that you have considered mediation. You must obtain a mediation certificate that has to be submitted with your appeal. The only exception where a mediation certificate is not needed is when you are appealing the placement only.

Who can appeal?

Parents can appeal on behalf of a child under compulsory school age. Young people over compulsory school age can bring appeals in their own right if they have mental capacity. They can authorise parents to deal with on their behalf should they so wish. If the young person does not have capacity than his/her parent can conduct the appeal.

Starting the appeal process

You need to complete an appeal form that can be obtained from SENDIST. You can also attach a document to the form giving your detailed grounds of appeal.

Evidence to use in support of your appeal

Appeal timetable

Week 0: Registration of appeal

Week 6: LA Response

Week 8 : Final Evidence Deadline

Week 9: Bundle Deadline and attendance forms

Week 12: Hearing (Richard Nelson LLP’s solicitors can represent you)

Week 14: Decision.

If you are considering making an EHCP appeal, our specialist SEN solicitors can prepare all the documents for your appeal and represent you at the Tribunal. Get in touch discuss a fixed fee appeal package.

Get in touch

For more information about the services we can provide and about how we can help you and your business, contact us.

Deirdre Simpson

Consultant Solicitor

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Our expert solicitors can help throughout the EHCP appeals process. We can discuss the merits of an appeal, help you to gather the documentation that you need and represent you in a hearing.

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