Appeals against a refusal to issue an EHC plan

If your local authority (LA) refuses to issue an education, health and care (EHC) plan after carrying out an EHC needs assessment, you have a right to appeal this decision to the SEND Tribunal.  

It is important to know there are deadlines for bringing an appeal to the SEND Tribunal. We explain these in detail on our page containing general advice about appealing. 

We have created a refusal to issue pack, which is a detailed guide to preparing for and carrying out  a refusal to issue appeal.   

Refusal to issue pack 

The following template letters may also assist you with getting evidence to support your appeal: 

Asking the LA for information about what is available in its area and its delegated funding: Template letter 17  

Asking for a copy of a child’s school record: Template letter 18 

Asking a school for information on pupils with SEN and what is available for them in school: Template letter 19 

If you can’t find the answer to your question, or you would like further advice, you are welcome to book an appointment to speak with us.