📋 Building your Working Document?
See our Section F EHCP Kent Examples guide → with weak-vs-strong rewrites for TA, sensory breaks, SALT, OT and emotional regulation. Plus the IPSEA "specified and quantified" test.
📊 Understanding the statistics
Hansard records a November 2025 statement that 98% of Kent SEND tribunals between 2021 and 2024 were “successful for parents”, but does not provide the underlying dataset or define “successful”. See what the available figures do—and do not—show →
💡 In This Guide
Having your child's EHCP request refused — or receiving a plan that doesn't reflect their real needs — is one of the most exhausting moments in a SEND parent's life. But you have legal rights. And you can challenge this.
I know because we've been through it. The letter arrives. Your stomach drops. You've spent months pursuing an assessment, and now you're staring at a refusal — or a plan so vague it's basically useless. The temptation is to feel defeated, to assume the council knows best, to wonder if you're making a fuss over nothing.
You're not.
This guide walks through every step of the EHCP appeals process in plain English — the deadlines, the paperwork, the evidence, and the things that actually make a difference at Tribunal. It's written for parents who are scared, exhausted, and don't know their rights yet. You will. By the end of this, you'll know exactly what to do next.
What Is an EHCP and Why Would You Need to Appeal?
An EHCP — Education, Health and Care Plan — is a legal document. Under the Children and Families Act 2014, it sets out in writing the needs of a child or young person with SEND (Special Educational Needs and Disabilities), and — crucially — the specific support that must be provided to meet those needs.
Download a free parent-friendly template to request an EHC needs assessment. Check and adapt it for your family's circumstances before sending.
Get the free template →It's not a suggestion. It's not a wishlist. When a plan is in place, the provisions in it are legally binding.
In Kent, EHCPs are managed by Kent County Council (KCC). KCC decides whether to assess, whether to issue a plan, and what goes into it. That's a lot of power concentrated in one local authority — and like all local authorities, KCC sometimes gets it wrong.
If you've started the application process already, our EHCP application guide for Kent families covers the initial steps in detail.
You might need to appeal if:
- KCC refuses to carry out an EHC needs assessment — they decided not to even look at whether your child needs a plan.
- KCC carries out the assessment but then refuses to issue a plan — they assessed but concluded a plan isn't necessary.
- KCC issues a plan but it doesn't reflect your child's real needs — the wording is vague, the provision is insufficient, or the named school isn't right.
- KCC names a school you didn't request, or refuses your preferred school.
All of these are appealable. And you have legal rights at each stage.
What Can You Actually Appeal?
Under the Children and Families Act 2014, you have the right to appeal to the First-tier Tribunal (SEND) — commonly called the SEND Tribunal — in the following situations:
- Refusal to assess — KCC says no to carrying out an EHC needs assessment.
- Refusal to issue a plan — KCC assessed your child but decided not to issue an EHCP.
- The content of the plan — specifically Sections B (your child's needs), F (the educational provision), and I (the school or placement named).
- School placement — KCC has named a school you didn't choose, or refused to name your preferred school.
- Ceasing to maintain a plan — KCC wants to end an existing EHCP your child currently holds.
These are your statutory appeal rights. They exist because Parliament decided that parents should have an independent route to challenge local authority decisions — and that independent route is the Tribunal.
Where an appeal also contains an educational issue, you can ask the SEND Tribunal to make non-binding recommendations about Sections C (health needs), D (social care needs), G (health provision), and H1/H2 (social care provision). The Tribunal's extended powers have been permanent since July 2021. They do not apply to a refusal-to-assess appeal. See the current GOV.UK extended-appeals guidance.
You do not have to appeal every education section. You can challenge only the issues in dispute, such as Section F provision or Section I placement. Get individual advice if you are unsure how to frame health, social care, or education grounds together.
The Timeline — Don't Miss These Deadlines
This is the section that trips parents up most often. Please read it carefully.
Check the dates carefully and lodge the appeal as soon as you can. The Tribunal may extend time in limited circumstances, but you should not rely on an extension. See the current GOV.UK appeal guidance.
Before you can appeal, you are required to consider mediation. This sounds more complicated than it is:
- Contact a mediation service — KCC should provide details of their approved mediation provider in the decision letter.
- Decide whether you want to mediate — you don't have to. Mediation is optional.
- Check whether you need a Mediation Certificate — most EHC appeals require you to contact a mediation adviser and obtain a certificate, even if you decline mediation, but GOV.UK lists exceptions. Check the route that applies to your appeal.
Once you have any required Mediation Certificate, use GOV.UK's current appeal service to check the documents, exemptions and submission route that apply.
Step-by-Step — How to Appeal
Here's what the process actually looks like, in order.
Step 1: Read KCC's decision letter carefully
Identify exactly what they refused or got wrong. Is it a full refusal to assess? A refusal to issue a plan after assessment? A plan you disagree with? The answer determines what you're appealing and which sections of law apply.
Write down — in plain language — what you think is wrong and why. This becomes the foundation of everything else.
Step 2: Check the mediation requirement
Most appeals require you to contact the mediation service named in KCC's letter and obtain a certificate, even if you decline mediation. A placement-only appeal about Section I is the main exception: GOV.UK says you do not have to consider mediation for that appeal. Check the current rule for your grounds before submitting.
If KCC didn't include mediation service details in their letter, contact Kent IASS (SENDIASS) — details in the resources section below — and they can help you navigate this.
Step 3: Lodge your appeal with the SEND Tribunal
Use GOV.UK's current parent appeal route to check how to submit and which documents apply. You'll usually need:
- The date of KCC's decision letter.
- Your Mediation Certificate, unless the current rules exempt your appeal.
- Details of what you're appealing and why.
- Your preferred school (if you're appealing placement).
You don't need a lawyer to do this. You don't need perfect language. You just need to be clear about what you're challenging.
Step 4: Start building your evidence pack
See the next section for detail on what actually wins at Tribunal. Start gathering now — don't wait until closer to the hearing date. Evidence takes time to commission, especially independent professional reports.
Step 5: Write your parent statement
This is your voice. Not a professional's. Not a report full of clinical language. Yours.
Describe your child's daily life. What happens on school mornings? What does your child struggle to access? What happens when the right support isn't in place? What have you seen that teachers and reports don't capture?
"When we wrote ours, I described what an autistic child looks like after a school day with no support worker — the shutdowns, the meltdowns, the hours it took for him to regulate. No EP report captured that. But the Tribunal panel heard it."
Be specific. Be honest. Be you.
Step 6: Consider independent professional assessments
If KCC's own assessments — their Educational Psychologist (EP) report, their Occupational Therapist (OT) report, their Speech and Language Therapist (SALT) report — don't reflect your child's real needs, you can commission independent reports.
Independent assessments are often the turning point in a case. A report that says "this child requires 25 hours of 1:1 support per week with a trained teaching assistant" is harder to argue against than a local authority report that says "some additional support would be beneficial."
If sensory processing difficulties are part of your child's profile — which is common in autism — an independent OT assessment can be particularly powerful. See our guide to sensory processing difficulties in children for more context on how those needs are assessed and evidenced.
Step 7: Prepare for the hearing
SEND Tribunal hearings are conducted by a panel — usually a legally qualified judge, a specialist member (often an educational psychologist or SEND specialist), and sometimes a disability member. It is a formal proceeding, but it is not a courtroom in the dramatic sense. You can bring a supporter — a friend, a family member, or an advocate.
You'll submit your evidence bundle in advance. KCC will submit theirs. There will be an opportunity for both sides to present and for the panel to ask questions.
It is daunting. But the panel's job is to reach the right decision for your child — not to favour the local authority.
What Evidence to Prepare
Not all evidence is equal. Here's what actually makes a difference.
✅ Evidence That Makes a Difference
- Independent professional reports that quantify need. "This child requires 20 hours of structured 1:1 support per week" is evidence. "Would benefit from some additional help" is not. If you're commissioning independent reports — from an EP, OT, or SALT — brief the professional on the importance of being specific about hours, frequency, and the type of support needed.
- A strong parent statement. Panels read hundreds of reports. They don't always read about the child behind the paperwork. Your statement — describing real daily impact, real incidents, real consequences of inadequate support — humanises your case in a way no clinical report can.
- School data. Attendance records showing patterns of absence, incident logs, fixed-term exclusion records, records of interventions attempted and their outcomes. If your child has been excluded repeatedly because the school can't manage without appropriate support — that's evidence. Get it in writing from the school.
- Letters from professionals involved with your child. Paediatrician, CAMHS, social worker — anyone who has direct knowledge of your child's needs and can speak to the impact of inadequate support.
- A clear link between need and provision. Tribunals want to see that what you're asking for directly addresses what your child needs. Make that link explicit — in your parent statement, in your evidence, in any submissions.
- Evidence that current provision is failing. If your child already has some support but it's insufficient — show the gap. Show what's happening despite that support.
Kent-Specific Resources
You don't have to do this alone. These organisations exist to help.
Kent IASS (SENDIASS)
Kent's Information, Advice and Support Service for SEND. Free, impartial, and confidential. They support parents, children, and young people across Kent with information about rights, the EHCP process, and disagreement resolution. A genuinely useful first call.
IPSEA (Independent Provider of Special Education Advice)
Free legal advice on SEND rights nationally. IPSEA's helpline and online resources are authoritative and genuinely helpful — they know the law and they'll tell you straight what your rights are. If you read one external resource, make it this one.
Contact
A national charity supporting families of disabled children. Practical resources, community, and support across all aspects of raising a disabled child — including financial support. If you're not already aware of your potential entitlements, our guide to DLA for disabled children and Carer's Allowance guide are also worth reading alongside this.
SOS!SEN
A charity that specialises in helping parents prepare for SEND Tribunals. They run workshops and offer direct support. If you're heading to Tribunal, this is worth knowing about.
Ambitious About Autism
National charity with accessible resources on the Tribunal process, particularly for autistic children and young people.
Local parent-carer forums in Kent
There are several active parent-carer forums across Kent where families share experience, signpost resources, and support each other through the process. A quick search or a question via IASS will connect you with the right group for your area. The lived experience in those communities is invaluable.
Success Rates — You Are Not Alone
HMCTS reported for 2024/25 that 71% of recorded SEN appeal outcomes were decided by the tribunal; 99% of those decided cases favoured the appellant on the majority of issues. This is not a complete-win rate, does not cover cases resolved in other ways, and cannot predict an individual appeal.
Many cases don't even reach a full hearing. When a family has strong evidence and legal support, cases are often resolved or negotiated before the hearing date. This can mean a faster, less stressful resolution — though it also means you need to look credible and prepared from the moment you file.
Do not assume you will lose because KCC is the local authority. The Tribunal is independent. It does not work for KCC. Its job is to get the right outcome for your child.
Be honest with yourself: this process can take time, costs emotional energy, and—depending on whether you commission independent reports—may cost money. It is demanding. The Tribunal decides each case on its evidence and the applicable legal tests.
If you have legal grounds to appeal, use them.
Common Mistakes to Avoid
These are the errors that derail appeals. Learn from them before they happen to you.
- Missing the applicable deadline. Usually this is 2 months from the date on the decision letter or 1 month from the mediation certificate, whichever is later. Mark both dates, check the current rules and do not rely on being granted an extension.
- Not checking the Mediation Certificate rule. Most EHC appeals require one, but GOV.UK lists exceptions. Check the current route for your appeal and keep evidence of the relevant dates.
- Being too vague in your parent statement. "He struggles at school" tells the panel nothing. "He has had 14 fixed-term exclusions this academic year because the school cannot manage his sensory meltdowns without 1:1 support in place" tells them everything. Specificity wins. Dates, incidents, outcomes, consequences.
- Not addressing the evidence. If you disagree with a KCC assessment, explain why and identify the evidence that supports your position. An independent report can help in some cases but is not automatically necessary; relevant school, clinical, parent and existing professional evidence may also be important.
- Not keeping records of everything. Every email, every letter, every phone call — log the date, the time, who you spoke to, and what was said. The moment a dispute starts, this log becomes evidence. Start it on day one.
- Waiting to see if things improve. If you've received a refusal or a poor plan, the clock is already running. Waiting and hoping is understandable — this is exhausting, and you're probably depleted — but it costs you time you don't have.
Frequently Asked Questions
Do I need a solicitor to appeal?
No. Many families navigate the Tribunal process successfully without legal representation. Organisations like IPSEA and SOS!SEN offer free guidance that can take you a long way. That said, for complex cases — particularly where there are competing expert reports or the stakes around school placement are very high — some families do instruct SEND solicitors. If you're considering this, IPSEA can advise on when legal representation is likely to make a material difference.
How long does the appeal process take?
There is no safe fixed estimate. Hearing dates and case length vary by appeal type, complexity and Tribunal capacity, and some families experience long waits. The Tribunal will issue case-specific directions and dates after registration; use those notices rather than a generic timetable.
Can I appeal if my child already has an EHCP but it's not right?
Yes. If your child has a plan but you disagree with the content of Sections B (needs), F (provision), or I (school), you can appeal. This can happen after annual review if KCC amends the plan in ways you disagree with, or if KCC refuses to amend the plan when you've requested changes. The same appeal rights and deadlines apply.
What provision applies during an appeal?
There is no blanket rule that the previous wording or provision continues during every kind of appeal. The local authority must secure the special educational provision in the EHC plan that is legally in force. If the appeal is against a decision to cease maintaining a plan, the plan continues while the appeal is pending. For content or placement appeals, ask IASK, IPSEA, or a solicitor which version of the plan applies in your circumstances.
What if I can't afford an independent assessment?
Independent assessments are expensive and are not required in every appeal. Start by identifying the disputed legal and factual issues and the relevant evidence already available from school, health professionals, existing assessments and your own dated records. Ask IPSEA, IASK or a solicitor whether a further report is proportionate before paying for one.
Is mediation worth doing, or should I go straight to appeal?
Mediation can sometimes resolve a dispute faster than a hearing, but taking part is optional. Most appeals still require a mediation certificate after you speak to an adviser; a placement-only Section I appeal is exempt. Protect the appeal deadline whichever route you choose, and do not assume that starting mediation automatically pauses it.
Find SEND Support in Kent
SENDPath helps Kent SEND families find therapists, advocates, and specialists to build your evidence base. Whether you need an independent OT, a speech and language therapist, a SEND advocate, or an educational psychologist for an independent assessment, SENDPath connects you with professionals who understand the Tribunal process and know what evidence panels need to see.
Disclaimer: This article was written by a Kent parent with lived experience of the SEND system. It is for information purposes only and does not constitute legal advice. For legal guidance on SEND Tribunal appeals, contact IPSEA or consult a solicitor specialising in education law. Read our full disclaimer.
Related Guides & Tools
EHCP Application Guide for Kent
Step-by-step walkthrough of applying for an Education, Health and Care Plan in Kent — before you reach the appeals stage.
Read guide →DLA for Autistic Children
Everything you need to know about claiming Disability Living Allowance for your autistic child, including rates and form tips.
Read guide →Sensory Processing Difficulties
Understanding and evidencing sensory processing difficulties in children — useful for EHCP appeals and Tribunal evidence.
Read guide →🔍 Need professional support?
Independent professional reports can strengthen your case. Find specialists in our Kent directory: