When you disagree with a decision about your child’s education, knowing what to do next can feel daunting.
When a local authority makes a decision about your child’s special educational needs or additional learning needs, knowing what to do next can feel daunting but you may have a right to appeal to an independent tribunal.
The process is different in England and Wales, so it is important to understand which legal framework applies to your child’s education:
In England, certain decisions about Special Educational Needs can be challenged through the First tier Tribunal (SEND). In Wales, appeals concerning Additional Learning Needs are dealt with by the Education Tribunal for Wales.
In England, appeals concerning an Education, Health and Care Plan (EHCP) are heard by the First tier Tribunal (SEND).
You may be able to appeal where a local authority has:
• Refused to carry out an EHC needs assessment
• Refused to issue an EHCP
• Described your child’s SEN incorrectly
• Failed to specify appropriate special educational provision
• Named an unsuitable school or failed to name your preferred school
• Refused to amend an EHCP
• Decided to cease maintaining an EHCP
The SEND Tribunal can also hear certain disability discrimination claims against schools.
The time limits for appealing are strict. In most EHCP cases, an appeal must be lodged within two months of the local authority’s decision, subject to the applicable mediation requirements.
For more information, visit our Education Health & Care Plans page
Wales has a separate legal framework under the Additional Learning Needs and Education Tribunal (Wales) Act 2018.
EHCPs do not apply in Wales. Instead, children and young people with additional learning needs may have an Individual Development Plan (IDP).
The Education Tribunal for Wales can hear appeals concerning decisions about ALN and IDPs, including:
• Whether a child or young person has ALN
• Whether an IDP should be prepared or maintained
• The description of ALN in an IDP
• The additional learning provision specified in an IDP
• Whether provision should be delivered in Welsh
• The school or other setting identified in an IDP
• A decision to cease maintaining an IDP
The Tribunal can also hear disability discrimination claims relating to schools.
The Welsh process has its own procedures and deadlines. In many cases, an appeal must be made within eight weeks of the relevant decision or notice of the right to appeal.
Although the English and Welsh systems have similar aims, they are legally different.
An EHCP appeal in England is not the same as an IDP appeal in Wales. The legislation, terminology, appeal routes, deadlines and procedures differ.
We can advise you on the system that applies to your child’s circumstances, help identify the decision that can be challenged and ensure your appeal is properly prepared.
Contact UsOur specialist education solicitors can assist with:
• Advising whether you have a right of appeal
• Preparing and lodging tribunal appeals
• Reviewing EHCPs and IDPs and identifying disputed issues
• Gathering and presenting supporting evidence
• Challenging the educational provision or placement proposed
• Negotiating with the local authority before or during proceedings
• Preparing written submissions
• Representing parents and young people at tribunal hearings
• Advising on disability discrimination claims
• Advising on further legal options where a tribunal decision does not resolve the dispute
If you have received a decision from your local authority about your child’s EHCP or IDP, it is important to check the appeal deadline immediately. Our specialist education solicitors can explain the process and advise you on your options.
Call our free Education Advice Line on 03333 44 34 84 or request a free initial consultation today.
