August 25, 2021
It can be a battle to obtain an Education, Health and Care Plan (EHCP) from the Local Authority. Even when you have obtained an EHCP you may be unhappy with the content of the document such as the description of your child’s needs, the provision to meet them and also the named school. You may be able to appeal, but there are strict time limits for lodging any appeal with the Special Educational Needs and Disability Tribunal, so it is important to act quickly.
At Tayntons Solicitors, we have extensive experience in representing parents and young people and dealing with appeals to the Special Educational Needs and Disability Tribunal. We understand how important it is for an EHCP to be well drafted in order to protect a child’s legal entitlement to the provision they require, and we will work quickly to ascertain whether you have grounds for an appeal and to put the case in motion without delay.
We know how difficult the situation can be and we will ensure that you are kept updated throughout and that we are available to speak to you to discuss progress and answer your questions.
Appealing an Education, Health and Care Plan
If you wish to appeal an EHCP you must start the process within two months of the date of the LA’s decision letter issuing your child’s Final EHCP or within one month of the date of a Mediation Certificate, whichever is the later.
In most cases, you will need to obtain a Mediation Certificate. It is not necessary to go through the mediation process to obtain the certificate, however, you do have to contact the mediation service and receive information and advice about mediation.
Our specialist education law solicitors will put together a strong case on your behalf and will maximise your chance of success in achieving your objectives.
As well as advising families in relation to appeals in the Special Educational Needs and Disability Tribunal we can also represent you in pursuing Judicial Review proceedings if your Local Authority is in breach of its statutory duties, for instance where the LA has delayed in making a decision and is now outside the time limits prescribed or where the LA has failed to deliver the Special Educational specified in your child’s EHCP.
At Tayntons we can advise you on the best course of action if you are having difficulties with the local authority over your child’s needs. Our team represents parents of children with a range of SEN.
We can prepare the necessary documentation and lodge your appeal with the Special Educational Needs and Disability Tribunal on your behalf, to include drafting reasons for appeal and ensuring you have strong evidence in support of your case. We will correspond directly with the Local Authority on your behalf and challenge their position where necessary.
If you would like to speak to our expert SEN law solicitor, Imelda Brennan, about appealing your child’s EHCP call us on 0800 158 4147, email us at email@example.com or request a call back and a member of our team will be in touch promptly.