Understanding Your Right To Appeal EHCP Decision

18 JUNE 2026

Quite often, even when you’re familiar with the Education, Health and Care Plan (EHCP) process, you may not agree with decisions made by your local authority. It’s important to know that there are clear rights of appeal at multiple stages and understanding these can make a real difference in securing the right support.

3 minute read

When can you appeal?

You can appeal at several key points in the EHCP process:

Refusal to assess: If you request a needs assessment and the local authority declines, you have the right to challenge that decision.

Refusal to issue a plan: If an assessment is carried out but no EHCP is issued, this can also be appealed.

Disagreement with the final plan: If you receive a draft EHCP, request changes, and the local authority finalises it without agreeing to your amendments, you can appeal specific parts of the plan.

Which parts of an EHCP Can be appealed?

Appeals are limited to certain sections of the EHCP:

Section B: The child or young person’s special educational needs
Section F: The provision required to meet those needs
Section I: The educational placement (school or setting named in the plan)

You can also raise concerns about health and social care sections, but only alongside an appeal of Sections B and/or F, not on their own. While a tribunal cannot legally enforce changes to health and social care sections, it can make recommendations, which local authorities are generally expected to take seriously.

Appeals after an annual review

You also have the right to appeal following an annual review of the EHCP if the local authority decides to:

Keep the plan unchanged (and you disagree)
Amend the plan (and you disagree with the changes)
Cease (end) the plan altogether

The importance of decision letters

After any decision is made, the local authority will send you a letter. This is crucial, as it will outline:

The decision made
Your right to appeal
The process to follow
The relevant time limits

Always read this letter carefully and keep it for reference.

Mediation: Do you have to do it?

As part of the appeals process, you’ll usually be asked to consider mediation. This involves an independent mediator helping you and the local authority try to resolve the issue without going to tribunal.

Mediation is not compulsory, but it is often helpful. If you choose not to take part, you’ll receive a mediation certificate, which allows you to proceed to the tribunal.

Time limits for appeals

Strict deadlines apply:

Typically, you have 2 months from the date of the decision letter, or 1 month from the date of the mediation certificate. You use whichever of these is later. There are some exceptions, but the specific deadlines will always be detailed in your decision letter.

Key takeaway

The EHCP process includes multiple opportunities to challenge decisions. Knowing your rights and acting within the correct timeframes ensures you can advocate effectively for the support your child or young person needs. If you’re unsure about your next step, it can help to seek advice early so you don’t miss important deadlines.