EHCP Tribunal — Your Rights & How to Appeal
98% of parents win at tribunal. Here's why the system is stacked in your favour — and how to use it.
The Numbers: You're Likely to Win
📊 Key Statistics
- 98% — parents who get to tribunal win
- 1.3% — councils win
- 55% — rise in tribunal appeals in 2024
- 61% — appeals about EHCP content
The system is designed this way. Councils know they'll lose, but they still fight — costing taxpayers £153 million in 2024 alone. Don't be intimidated.
When Can You Appeal?
You can appeal to the Special Educational Needs and Disability (SEND) Tribunal about:
- Refusal to assess — LA refused to assess your child (28% of appeals)
- Refusal to issue — LA refused to issue an EHCP (9% of appeals)
- Content of EHCP — the main battleground (61% of appeals):
- School/college placement
- Therapies specified
- Hours of support
- Outcomes
- Refusal to maintain — LA wants to stop the EHCP
How to Appeal
Step 1: Mediation First (Optional)
You must consider mediation, but you don't have to do it. Most parents skip it and go straight to tribunal.
Step 2: Register Your Appeal
- Online: gov.uk/appeal-special-educational-needs
- Deadline: 2 months from the LA decision letter
- Fee: Free
Step 3: Evidence
You need:
- Your child's EHCP (or refusal letter)
- School reports
- Any professional reports (SALT, OT, EP)
- Your witness statement — be specific
- Examples of what your child needs vs what's in the plan
Step 4: The Hearing
- Usually 1 day
- You present your case, LA presents theirs
- tribunal may visit school
- Decision usually within 2 weeks
Timeline
- Week 0: LA decision letter
- Week 1-2: Register appeal
- Week 3-6: Evidence exchange
- Week 8-12: Mediation offer (you can skip)
- Week 12-26: Await hearing date
- Hearing: 1 day
- +2 weeks: Decision
Total: 3-6 months typically
Getting Help
Free Advice
- IPSEA — Independent Provider of Special Education Advice
ipsea.org.uk — free helpline - SENDIASS Kent — 0300 123 6728
- Contact — contact.org.uk
Paid Help
- Lawyers: Many SEN solicitors offer free first consultations
- Expert witnesses: Educational psychologists can strengthen your case (£300-£800)
How to Win (Tips from Parents Who Did)
🎯 What works
- Be specific — "My child needs 1:1 support in class" not "they need more help"
- Use the school's own data — SATs, assessments, behaviour logs
- Get professional reports — EP, SALT, OT reports carry weight
- Document everything — emails, meetings, responses
- Bring a witness — another parent, advocate, or friend
❌ What doesn't work
- Vague requests ("more support")
- Emotional arguments without evidence
- Asking for things not in the Code of Practice
Frequently Asked Questions
Can I represent myself or do I need a lawyer?
Yes — many parents represent themselves and win. The tribunal is parent-friendly. But get advice from IPSEA first.
Will going to tribunal damage my relationship with the school/LA?
Honestly? Maybe. But your child's needs come first. And many parents report the LA becomes more cooperative after a tribunal loss.
What if I lose?
You can appeal to the Upper Tribunal (on point of law only). Talk to IPSEA about your options.
Can I get my legal costs back?
Usually no — each side pays their own costs. But the process is free to parents.