SEND route: assessment request → EHCP → tribunal

When to use this route

Your child has special educational needs or a disability and you want statutory support via an EHCP, or you disagree with the local authority's decisions.

When NOT to use this route

For schools in Wales (different SEND framework — the ALN system under the Additional Learning Needs and Education Tribunal (Wales) Act 2018).

Prerequisites

• • Child aged 0–25 with SEN or disability

Evidence to gather

• • Medical reports
• • Educational Psychologist reports
• • Speech and Language Therapy reports
• • School reports
• • Parental statement

Route map

1. Stage 1

   Request EHC needs assessment

   Write to the LA (any parent, young person, school, or professional can request). The LA must decide within 6 weeks whether to assess.
2. Stage 2

   LA assessment decision

   If refused, you have 2 months to appeal. If assessed, the LA must decide within 16 weeks whether to issue an EHCP.
3. Stage 3

   EHCP issued or refused

   If issued, you can appeal the contents (sections B, F, I). If refused, you can appeal that decision.
4. Stage 4

   Mediation consideration

   Before appealing on most grounds, you must consider mediation and obtain a certificate. Mediation is free.
5. Stage 5

   SEND Tribunal appeal

   File appeal within 2 months of LA decision (1 month if mediation considered).

   2 months from LA decision letter

   Forum: send tribunal
6. Stage 6

   Tribunal hearing

   Judge + two specialist members. Often remote. Decision binding on the LA.

Final remedies

• • Order LA to carry out assessment
• • Order LA to issue an EHCP
• • Order LA to amend sections B/F/I of the plan
• • Order LA to continue the plan (if cessation appealed)

Official sources

Frequently asked questions

Who can request an EHC needs assessment and how long does the local authority have to decide?

Any parent, young person, school, or professional can request an Education, Health and Care (EHC) needs assessment by writing to the local authority. The local authority must decide within six weeks whether to carry out the assessment. If they refuse, you have two months to appeal that decision.

What happens after the local authority decides to assess my child?

If the local authority decides to assess, they must determine within 16 weeks whether to issue an Education, Health and Care Plan (EHCP). If they refuse to issue the plan, you can appeal that decision. If the plan is issued, you may appeal specific sections regarding special educational needs, provision, or the named school.

Do I have to go through mediation before appealing to the SEND Tribunal?

Before appealing most decisions, you must consider mediation and obtain a certificate. Mediation is free. You must file your appeal with the SEND Tribunal within two months of the local authority’s decision letter. However, if you have considered mediation, this deadline is reduced to one month.

What can the SEND Tribunal do if I win my appeal?

The SEND Tribunal hearing is conducted by a judge and two specialist members, often held remotely. The Tribunal’s decision is binding on the local authority. The Tribunal can order the local authority to carry out an assessment, issue an EHCP, amend specific sections of the plan, or continue the plan if cessation was appealed.

Who is eligible to use this SEND route in England and Wales?

The SEND route described applies to children and young people aged 0 to 25 in England and Wales who have special educational needs or a disability. It does not apply to schools in Wales, which operate under a different Additional Learning Needs (ALN) system established by the Additional Learning Needs and Education Tribunal (Wales) Act 2018.