Who can bring an appeal?
The appeal can be brought by either a parent, guardian or a representative. An appeal can be made if there has not been an EHC assessment; an EHC plan has not been made, or if it has been decided that your child does not need the plan anymore.
An EHC plan is a document that contains a young person’s special educational, health and social care needs. It explains the extra help and support that’s needed to achieve their aspirations.
When can I bring an appeal?
If you want to appeal the decision of a local authority, you must do so within 2 months.
This 2 months refers to the date stamped/printed on the letter you receive (NOT 2 months from when you receive/read the letter from the local authority).
You must clearly state why you are appealing the decision of the local authority (this does not mean the reason must be long, or filled with legalese, simply that it must be clear).
It's important to specify the reasons for appeal, and also how you expect the tribunal to help with this appeal (i.e what you want the tribunal to do).
Reasons for appeal
Sometimes it is easier to put these on a separate sheet and write ‘See separate sheet headed Reasons for Appeal’ in the box on the form.
This is where you set out why you think the Local Authority’s decision is wrong, or why the contents of the EHC plan need to change. Try to put in everything you need to say, your full case, at this point.
Try to get together any supporting evidence to submit with your appeal form. In your reasons for appeal, you should refer to this evidence to support your arguments. It is possible to submit more evidence after you’ve registered your appeal so all evidence does not have to be collected beforehand.
You must send in enough information for the Local Authority to be able to respond.
General advice to support this (from IPSEA)
Keep it short and to the point.
Separate your points into paragraphs.
Number your paragraphs or organise them under headings.
Refer to any evidence that backs up your points. (You can send more evidence later and you should say if you know there is evidence you don’t yet have but intend to send later.)
Refer to the legal issues.
Get bogged down on history. If there is a long history of difficulties between you and the LA let the evidence (e.g. letters between you and the LA) speak for itself.
My child/myself have additional requirements, can these be accommodated?
Any special needs or requirements can be put on the appeal form, or the parents can inform the tribunal prior to the hearing (such as a signer, interpreter etc).