An EHC plan is a legal document which gives a child or young person with special educational needs or disabilities (“SEND”) rights to the education, health and care provision set out in that plan.

If you are unhappy about something to do with an EHC plan, the right course of action depends on your situation.

If the local authority (“LA”) has refused to carry out an EHC needs assessment or to issue an EHC plan, you should appeal to the First-tier Tribunal (Special Educational Needs and Disability) (the “SEND Tribunal”).

If you already have an EHC plan, but the issue is that the provision set out in the EHC plan is not being provided, then you should complain to the LA.

If you already have an EHC plan, but you are unhappy with what it says or the placement named in it:

• If within the last two months, the EHC plan was issued for the first time, was amended, or was reviewed (including at an annual review), then you can appeal to the SEND Tribunal about the contents of the plan. This includes asking for the school, college or other setting named in the EHC plan to be changed. 

• If you are outside the above time period, then you can either:
  • Ask for the EHC plan to be changed at an annual review, or if your next annual review is not for some time then you could ask for an early review. If the LA refuses to amend it following a review then you can appeal to the SEND Tribunal.
  • If you think new evidence is required in order for the EHC plan to be accurate, you could ask for a re-assessment – this means the LA would carry out a new EHC needs assessment. If the LA refuses to carry out a re-assessment you can appeal to the SEND Tribunal.

If you can’t find the answer to your question in any of the links above, you can book an appointment to speak with us.