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 fighting for 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.
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 our parent-friendly template to request an EHC needs assessment. Used by hundreds of parents across the UK — free, no strings attached.
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:
All of these are appealable. And you have legal rights at each stage.
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:
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.
You cannot use the SEND Tribunal to challenge Sections C (health needs), D (health provision), G (social care needs), or H (social care provision). If you disagree with those sections, there are separate complaints routes — through NHS complaints processes or the Local Government and Social Care Ombudsman. IPSEA has detailed guidance on this.
It's also worth knowing: you don't have to appeal everything. You can appeal just the school placement (Section I), or just the provision in Section F, or the whole plan. Think carefully about what you actually need to win.
This is the section that trips parents up most often. Please read it carefully.
Not two months from when the letter arrives. Not two months from when you read it. Two months from the date printed on the letter. The Tribunal is strict on this. Miss the deadline and your appeal will almost certainly be rejected — and there is very little you can do to recover from that.
Before you can appeal, you are required to consider mediation. This sounds more complicated than it is:
Once you have your Mediation Certificate, you can submit your appeal to the SEND Tribunal via gov.uk/appeal-send-decision. You can do this online.
Here's what the process actually looks like, in order.
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.
Contact the mediation service named in KCC's letter immediately — don't wait. Even if you're certain you don't want to mediate, you need to make contact and get the certificate. Mediation can actually resolve disputes faster than Tribunal (more on that in the FAQ below), so go in with an open mind.
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.
Go to gov.uk/appeal-send-decision. You can submit online. You'll need:
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.
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.
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 our son looked 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.
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.
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.
Not all evidence is equal. Here's what actually makes a difference.
You don't have to do this alone. These organisations exist to help.
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.
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.
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.
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.
National charity with accessible resources on the Tribunal process, particularly for autistic children and young people.
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.
Read that again. That doesn't mean the process is easy. It isn't. It means that when parents gather their evidence, get their Mediation Certificate, and show up — the Tribunal tends to agree with them.
Many cases don't even reach a full hearing. Once KCC can see that a family has strong evidence, legal support, and isn't going away, they often concede or negotiate 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 takes months, costs emotional energy, and — depending on whether you commission independent reports — may cost money. It is genuinely hard. But the outcomes on the other side — appropriate provision, the right school, a plan that actually reflects your child — change children's lives. We've seen it. Other Kent families have seen it.
If you have legal grounds to appeal, use them.
These are the errors that derail appeals. Learn from them before they happen to you.
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.
Typically 4–6 months from lodging your appeal to the hearing date, though this varies. Many cases resolve before hearing — through negotiation or KCC conceding — which can be faster. The Tribunal will set directions (deadlines for submitting evidence) after you've registered your appeal, so you'll have a clearer picture once you're in the system.
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.
No. KCC is legally required to maintain whatever provision is currently in place while your appeal is ongoing. They cannot remove support because you've challenged their decision. If they attempt to do so, contact IPSEA immediately.
Independent assessments are expensive, and cost is a real barrier for many families. Some options: IPSEA can advise on charities that sometimes fund assessments for Tribunal cases. Some independent professionals offer reduced rates for families going to Tribunal — it's worth asking directly. Parent-carer forums in Kent often have knowledge of local professionals who are accessible on cost. Not having an independent assessment doesn't automatically mean you'll lose — a strong parent statement and good school data can still be compelling — but independent reports do significantly strengthen most cases.
Genuinely consider it. Mediation gets a bad reputation among SEND parents who assume it's a stalling tactic by the local authority — and sometimes it is. But it can also resolve disputes in weeks rather than months, with far less stress than a full Tribunal hearing. The key is going in with clarity about what you need and what would constitute an acceptable outcome. If KCC offers what your child actually needs through mediation, that's a win. If they don't, you still have your appeal rights. Either way, you need the certificate — so you have nothing to lose by making the initial contact.
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.
Step-by-step walkthrough of applying for an Education, Health and Care Plan in Kent — before you reach the appeals stage.
Read guide →Everything you need to know about claiming Disability Living Allowance for your autistic child, including rates and form tips.
Read guide →Understanding and evidencing sensory processing difficulties in children — useful for EHCP appeals and Tribunal evidence.
Read guide →Independent professional reports can strengthen your case. Find specialists in our Kent directory: