Changes to EHC plan appeals

By July 10, 2018 News No Comments

AppealsA new DIAS factsheet about recent changes to appeals for Education Health and Care (EHC) plans has been published this week. Aimed at parents and carers, the factsheet looks at what the changes mean, how to appeal and what to expect from a court decision.

SEND tribunal is part of the court system. It hears cases (appeals) which involve parents, carers and young people disagreeing with a local authority decision about special educational needs and support.

Before April 2018, if you disagreed with your local authority about the education parts of an Education Health and Care (EHC) plan, you could go to tribunal and ask for this to be discussed and reviewed. You can now ask the tribunal to look at the health and social care parts of an EHC plan as well.

You can appeal about the health part of the plan, or the social care part, or both together. The SEND tribunal can look at cases that include health or social care as long as

  • the local authority decision about the EHC plan happened on or after 3 April 2018 or
  • the EHC plan was issued or amended after 3 April 2018.

These changes should mean the tribunal will be able to take a more complete, person-centred view of the needs of your child or young person.

Because this is a relatively new process, you may find it helpful to get more information and advice about appealing and about other options such as talking to the local authority, disagreement resolution and mediation. Contact us for more information or for advice.

Appealing the health and social care parts of an EHC plan

 

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