How do I appeal an EHCP decision?

You have the right to appeal at every decision point during the education, health and care plan process. These are listed below:-

You have the right to appeal when a decision is made

• not to carry out an education, health and care assessment
• not to draw up an education, health and care plan
• not to amend the education, health and care plan
• on the contents of the education, health and care plan
• to cease maintaining an education, health and care plan

In the first instance, we would always encourage you to contact the Case Officer dealing with your child’s case. They will be happy to arrange a meeting with a manager from the Assessment and Placement Service who will try to resolve the issue with you. This is referred to as a pre-mediation meeting.

Alternatively, or following a pre–mediation meeting, you can use the mediation service commissioned by Havering if you are unhappy with your local authority’s decision:

You must arrange mediation within 2 months of receiving the decision. Mediation is provided free of charge by the local authority.

To arrange a mediation service, contact the local authority using the details provided within your decision letter.

If your appeal does not relate to the above or if you do not wish to take up mediation, you can make an appeal to the First Tier Special Educational Needs and Disabilities Tribunal.

You must make your appeal within 2 months of receiving the outcome of your assessment.

Make an appeal to the First Tier Tribunal. (Opens in new tab)