Which type of appeals can include health and social care issues?

The SEND Tribunal can use its extended powers in appeals against the following decisions:

• a decision by the local authority (“LA”) not to issue an education health and care plan (“ EHC plan”) following an EHC needs assessment
• a decision by the LA not to carry out a re-assessment for a child/young person who has an EHC plan
• a decision by the LA not to amend an EHC plan following a review or re-assessment
• a decision by the LA to cease to maintain an EHC plan
• the description of the child/young person’s special educational needs in an EHC plan
• the special educational provision specified in an EHC plan
• the school or other educational institution named in an EHC plan

This means parents and young people can ask for recommendations about health and/or social care in all appeals except refusal to assess decisions.

Your LA should have notified you of the SEND Tribunal’s extended powers in its decision letter and set them out in the local offer. If your LA has not advised you, don’t worry, you can still ask for health and/or social care recommendations on the form you fill in to register your appeal (Form SEND 35). You can download the appeal forms from the SEND Tribunal website.