Appeals against a refusal to issue an EHC plan

If a local authority refuses to issue an Education, Health and Care (EHC) plan after carrying out an EHC needs assessment, this decision can be appealed to the SEND Tribunal. We have created a refusal to issue pack which gives a detailed guide to bringing a refusal to issue appeal.

Refusal to issue pack

If you can’t find the answer to your question, you can book an appointment to speak with us.

Latest

Transfer to a new phase of education

IPSEA has had a number of calls in recent weeks from parents who are still waiting for phase transfer annual reviews to be completed
EHC Plan Masterclass - Existing plans - 11 May

From looking at the information a plan should contain, through to how to achieve that through annual reviews, re-assessments and appeals to the SEND Tribunal, this training day will help you navigate the system, supporting you to make informed and positive decisions regarding your child’s education.
LB Enfield v NH and another (SEN) [2019] UKUT 1 (AAC)

A party can only be barred from a hearing by a judge or registrar, not by Tribunal administrative staff. When considering whether to enforce an automatic barring order, the Tribunal must still give consideration to the overriding objective.
R v Chair of Governors and Headteacher of A and S school ex parte T [2000] ELR 274

When a parent requests a school (of one of the types set out in s. 38(3) CAFA 2014), the ultimate decision to name the school rests with the home local authority. Even if the school and the local authority in which the school is located object, they can be overruled.

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