Before making certain decisions, a local authority (LA) must follow required legal processes, such as consulting with a parent or young person. These decisions are:

  1. a decision not to secure an EHC needs assessment, or a needs re-assessment for a child or young person
  2. a decision not to issue an EHC plan
  3. where an EHC plan is maintained for a child or young person, decisions about:
    • the special educational needs as specified in the plan
    • the special educational provision specified in the plan, or
    • the school or other institution (or type) named in the plan
  4. a decision not to amend or replace an EHC plan it maintains for a child or young person following a review or re-assessment, or
  5. a decision to cease to maintain (stop) an EHC plan.

Recent case law confirms that if an LA makes one of these decisions without following the correct legal process, the SEND Tribunal can decide that the LA’s decision is invalid and set it aside. This will depend on the seriousness and significance of the LA’s procedural faults.

When you make your appeal, you should:

  • explain why the relevant legal test has (or has not, if relevant) been met, and
  • detail any procedural faults in the LA’s decision-making process, and what impact that had

on your appeal form so that the SEND Tribunal is made aware and include any evidence you have.

If you have already submitted your appeal, you can do this when you submit further evidence.

If you need more support, please contact us for advice.