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The SEND Code of Practice says that parents and young people can appeal to the Tribunal about:

  • a decision by a local authority not to carry out an EHC needs assessment or re-assessment
  • a decision by a local authority that it is not necessary to issue an EHC plan following an assessment
  • the description of a child or young person’s SEN specified in an EHC plan, the special educational provision specified, the school or other institution or type of school or other institution (such as a mainstream school/college) specified in the plan or that no school or other institution is specified
  • an amendment to these elements of the EHC plan
  • a decision by a local authority not to amend an EHC plan following a review or re-assessment
  • a decision by a local authority to case to maintain an EHC plan

(11.45)

More about appeals to the Tribunal

More about school exclusion appeals

You can also read further information on appealing in the SEND Code of Practice 2015 sections 11.39 to 11.55 ‘Registering an appeal with the Tribunal’.

Legal advice

Please contact the Coram Children's Legal Centre.

Also in this section:

Raising Concerns

Advice and support on what you can do if you're unhappy with the help your child or young person receives.

Making a Formal Complaint

Guidance on how to make a formal complaint to an education setting or local authority

Local Government Ombudsman

If you have followed the local authority complaints procedure and are still dissatisfied, you can complain to the Local Government Ombudsman. Find out more here

Judicial Review

As this is a formal legal route, it is strongly advisable to seek legal representation if you are considering this option.

Resolving Disagreements

Many disagreements can be sorted out by talking with the school, college, local authority, or, for health services, the Clinical Commissioning Group.

Disability Discrimination Tribunal Claims

Nurseries, Schools and Colleges must take steps to ensure disabled children and young people are not substantially disadvantaged due to their disability.

Where to get further advice

You can find out more about making a complaint about provision at your child’s school on its website or by asking about its complaints procedure.