Appealing a School Decision with an EHCP

If the local authority refuses to name your preferred school in your child’s EHC plan, or names a school you believe cannot meet your child’s needs, you have a legal right to appeal. This isn’t about being difficult. It’s about making sure your child’s needs — as set out in law — are properly met.

Appeals are made to the First-tier Tribunal (Special Educational Needs and Disability) (often called the SEND Tribunal). This is an independent legal body that reviews whether the local authority has made the correct decision based on the evidence and the law. Importantly, you are appealing the local authority’s decision, not the school itself.

Understanding the Time Limits

There are strict deadlines. You must lodge your appeal within: Two months of the date on the decision letter, or one month from the date of your mediation certificate, whichever is later. Before appealing, you are usually required to consider mediation. You do not have to proceed with mediation, but you must obtain a mediation certificate before registering most appeals. Missing the deadline may mean the tribunal refuses to register your appeal, so it is important to check the date on your decision letter carefully and act promptly.

What Can You Appeal?

Parents can appeal:

Section B – the description of needs

Section F – the provision specified to meet those needs

Section I – the named placement

Many parents are unaware that they can challenge more than just the school name. If the needs and provision sections are not accurate or specific, this can directly affect whether a placement is appropriate.

What Makes a Strong Appeal?

Tribunals do not focus on preference. They focus on whether the named placement can meet your child’s needs as set out in the EHC plan. This is where evidence becomes crucial. Rather than arguing that a school is “bad”, focus on:

Whether your child’s needs are being met

Whether provision in Section F is being delivered

The impact on your child if needs are not met

Impact might include:

Increased anxiety or school-related distress

Reduced attendance

Emotional dysregulation or shutdown

Masking in school followed by meltdowns at home

Academic regression Social isolation

A child maintaining grades but experiencing severe anxiety may not be in a placement that is meeting their needs appropriately. Tribunals consider both educational progress and wider well-being.

Gathering Evidence

Strong appeals are evidence-led. This may include:

Educational psychologist reports

Speech and language or occupational therapy reports

Medical or CAMHS letters

Attendance data

Behaviour records

Written correspondence raising concerns

A detailed parental statement outlining impact over time

When writing your statement:

Use specific examples

Include dates where possible

Describe patterns, not just isolated incidents

Focus on needs and provision, not personalities

For example: “Since September 2023, X has missed 18 school days due to anxiety-related illness. On school mornings, they experience vomiting and panic symptoms.”

Clear factual descriptions are powerful.

Support Is Available

You do not have to navigate this alone. Free and independent advice is available from: IPSEA – specialist SEND legal advice and model documents

First-tier Tribunal (Special Educational Needs and Disability) – official tribunal guidance and forms

Your local SENDIASS service (every local authority must provide one)

Some parents also choose to seek independent advocacy or legal advice.

A high proportion of tribunal decisions are found in favour of parents, particularly where strong evidence is presented. Many cases are resolved before reaching a full hearing. While the process can feel overwhelming, careful preparation and clear evidence significantly strengthen your position.

Appealing is not about “winning.” It is about ensuring your child’s legal entitlement to appropriate provision is upheld. If your concern is about whether your child’s needs are being properly met — rather than simply preference — you are entitled to have that reviewed. Using your right to appeal is not confrontational. It is part of the legal framework designed to protect children with SEND.

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