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