1. When you can appeal

Appeal to the Special Educational Needs and Disability Tribunal if you disagree with a decision your local authority has made about your child’s special educational needs (SEN) statement.

The process is different if you want to appeal a decision about an educational, health and care (EHC) plan or if you’re in Wales.

Who can appeal

You must have parental responsibility for the child, or be their foster parent or carer. They must be at least school age and under 20 years old.

You can appeal if you don’t agree with the SEN statement your local authority has made, or if they:

  • refuse to reassess your child’s needs
  • refuse to change the parts of the SEN statement which are about educational needs (parts 2, 3 and 4)
  • decide your child doesn’t need an SEN statement any more

Help you can get

Discuss the problem with your local authority before you appeal. If you can’t agree you can ask to talk to a mediation adviser. They’ll bring you and your local authority together to try to work out a solution.

If you decide to appeal, check if you can get legal aid.

You can also get free help and advice from:

Information, Advice and Support Services (IASS) Network nppn@ncb.org.uk
Telephone: 020 7843 6958
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