I am appealing my child’s EHC plan. Do I check to see if I am eligible for legal aid in my name as the parent, or if my child is eligible for legal aid in their name?

Eligible people can obtain funding for ‘Legal Help’ for appeals to the SEND Tribunal from the Legal Aid Agency. Legal Help covers the preparation of the case (from submitting the appeal form through to preparation for the hearing) but does not cover representation at the hearing (unless in exceptional circumstances).

You will want to check to see if you are eligible for this support in your name. This is because where the case concerns a child and the parents have the right of appeal, the means of the parents will be assessed.

You can check your eligibility online: http://legal-aid-checker.justice.gov.uk/, and you should do this even if you think you might not be eligible, just in case you are.

If you are eligible for Legal Help, a solicitor can draft and submit your appeal form for you. Even if you have already submitted the appeal form, you should see if you can get Legal Help to assist with the preparation of the evidence for the appeal. Legal Help can also cover the cost of obtaining private reports as evidence to support your case.