SEND Rights and Appeals Explained

Families can sometimes feel unsure about their rights when a child or young person is not receiving the SEND support they need. This guide explains common SEND rights, EHCP appeal routes, school and local authority decisions, and what may be legally enforceable under the current system.

It also explains why rights and appeals are becoming an important part of the SEND reform discussion, especially where proposed changes could affect how support is planned, challenged or enforced in future.

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Independent information note: Find Support UK is an independent directory and information resource. This guide is intended to help families understand common SEND rights and appeal routes. It does not provide legal advice, and families should seek specialist advice where needed.

Current SEND Rights

Under the current SEND system, children and young people with special educational needs may receive support through school-based SEN Support or, where needs require it, through an Education, Health and Care Plan.

Current SEND rights may include:

  • the right for needs to be identified and considered
  • the right for parents and carers to be involved
  • the right for children and young people to have their views considered where appropriate
  • the right to request an EHC needs assessment
  • the right to receive written local authority decisions
  • the right to challenge certain local authority decisions
  • the right to appeal to the SEND Tribunal in some situations

The exact route depends on the type of decision being challenged. A concern about day-to-day school support may need a different route from a formal local authority decision about an EHC needs assessment or EHCP.

Key point: Current SEND law still applies unless and until legislation changes it. Families should not delay using existing support, complaint or appeal routes because of proposed future reforms.

School Decisions and Support Concerns

Some SEND concerns begin at school level. These may involve worries that a child’s needs have not been identified, SEN Support is unclear, reasonable adjustments are not being made, or support is not being reviewed.

Common school-level concerns include:

  • the school has not recorded the child as receiving SEN Support
  • support is informal or not written down
  • parents are not clear what support is actually being provided
  • reviews are not happening regularly
  • reasonable adjustments have not been considered
  • behaviour is being treated as a discipline issue without considering unmet need
  • the school does not agree that an EHCP request is needed

Parents can usually start by asking for a meeting with the class teacher, SENCO or relevant pastoral lead. It can help to ask the school to confirm the support plan, review dates and evidence of progress in writing.

If concerns continue, families may consider the school complaints process, independent advice, disability discrimination routes where relevant, or an EHC needs assessment request to the local authority.

Local Authority SEND Decisions

Formal EHCP decisions are made by the local authority. These decisions should usually be provided in writing and should explain what the local authority has decided and what routes are available if the family disagrees.

Local authority decisions that may be challenged can include:

  • refusing to carry out an EHC needs assessment
  • refusing to issue an EHCP after an assessment
  • issuing an EHCP that parents believe does not properly describe needs or provision
  • naming a school or placement that parents disagree with
  • refusing to amend an EHCP after review
  • deciding to cease to maintain an EHCP

The route for challenging a decision depends on the decision type and the timescale in the decision letter. Families should read decision letters carefully and seek advice promptly if they are unsure.

EHCP Appeals

An EHCP appeal is a formal route for challenging certain local authority decisions about EHC needs assessments and EHC plans.

Appeals may relate to decisions such as:

  • a refusal to carry out an EHC needs assessment
  • a refusal to issue an EHCP
  • the special educational needs described in the plan
  • the special educational provision set out in the plan
  • the school or type of placement named in the plan
  • a decision not to amend a plan
  • a decision to stop maintaining a plan

Parents and young people should normally receive information about appeal rights when the local authority sends its decision. The appeal route and deadline can depend on the type of decision, whether mediation advice is required, and when the decision letter or mediation certificate was received.

Key point: Appeal deadlines can be strict. Families should avoid waiting until the last minute to seek advice or prepare evidence.

Mediation and Disagreement Resolution

Before some SEND Tribunal appeals, families may need to contact a mediation adviser. This does not always mean families must take part in mediation, but they may need to obtain a mediation certificate before lodging certain appeals.

Mediation can sometimes help resolve disagreements without a tribunal hearing. It may be used to discuss assessment decisions, EHCP content, provision, placement or other concerns depending on the circumstances.

However, mediation is not always the right route for every case. Families should check the decision letter, the relevant appeal guidance and any timescales before deciding what to do.

Disagreement resolution services may also be available for wider SEND disagreements. These are separate from formal tribunal appeal rights and should not be confused with them.

SEND Tribunal Explained

The First-tier Tribunal Special Educational Needs and Disability, often called the SEND Tribunal, considers certain appeals about special educational needs decisions. It can also consider some disability discrimination claims relating to schools.

The SEND Tribunal can deal with appeals against some local authority decisions about EHC needs assessments and EHCPs, including refusals to assess, refusals to issue a plan, the contents of a plan, placement disputes and decisions to stop maintaining a plan.

A tribunal appeal usually involves:

  • submitting an appeal form and supporting documents
  • explaining what decision is being challenged
  • providing evidence from school, professionals or family records
  • setting out what outcome is being sought
  • following tribunal directions and deadlines
  • attending a hearing where required

Families can represent themselves, but many seek support from advice organisations, advocates, legal advisers or specialist SEND professionals.

What If Provision Is Not Delivered?

If support written in an EHCP is not being delivered, this can be a serious issue. The legal responsibility for securing the special educational provision in an EHCP usually sits with the local authority.

Families may need to:

  • check exactly what the EHCP says
  • identify which provision is not happening
  • ask the school and local authority to confirm the position in writing
  • keep a record of missed provision, reduced timetables or gaps in support
  • request an urgent review if needs or provision have changed
  • consider complaints or specialist legal advice where provision is not secured

If the issue is that the EHCP itself is vague, incomplete or no longer reflects the child’s needs, the route may involve annual review, amendment requests or appeal depending on the circumstances.

SEND Reform and Rights

SEND reform has increased discussion about rights, enforceability and accountability. Families are understandably concerned about what would remain legally enforceable if the system changes.

At this stage, it is important to separate:

  • current law — the SEND rights and routes that apply now
  • proposed reform — government proposals that may change how support is planned in future
  • not yet confirmed — details that depend on legislation, statutory guidance and implementation

One key issue is whether future support plans, including Individual Support Plans, would carry the same enforceable protections as EHCPs. Until the legal framework is clear, families should not assume that a proposed future support plan gives the same rights as a current EHCP.

For now, if a child needs support beyond what is normally available through SEN Support, families can still consider the current EHC needs assessment route.

What Families Can Do Now

Families can often strengthen their position by keeping clear records and asking for decisions in writing.

Useful steps include:

  • keeping copies of school emails, review notes and reports
  • asking the school to confirm support arrangements in writing
  • recording what support is not happening or not working
  • asking for SEN Support reviews
  • requesting copies of provision maps or support plans
  • keeping attendance, behaviour, anxiety or exclusion-related records where relevant
  • checking decision letters for deadlines and appeal rights
  • seeking independent advice early where decisions are disputed

It can also help to separate concerns into categories: school support concerns, local authority EHCP decisions, placement concerns, disability discrimination concerns, and provision not being delivered. Each may have a different route.

Frequently Asked Questions

Can parents appeal if an EHC needs assessment is refused?

Yes. Parents and young people may be able to appeal to the SEND Tribunal if a local authority refuses to carry out an EHC needs assessment. The decision letter should explain appeal rights and any mediation requirements.

Can parents appeal if the local authority refuses to issue an EHCP?

Yes. If the local authority carries out an assessment but decides not to issue an EHCP, parents or the young person may have a right to appeal.

Can parents appeal the contents of an EHCP?

Yes. Families may be able to appeal parts of an EHCP, including the description of special educational needs, the special educational provision, and the school or type of placement named.

Do parents have to use mediation before appealing?

In many cases, families must contact a mediation adviser before lodging an appeal, but they may not always have to take part in mediation. The rules can depend on the type of appeal, so families should check the decision letter and current tribunal guidance.

What happens if EHCP provision is not delivered?

If special educational provision in an EHCP is not being delivered, families can raise this with the school and local authority, ask for written confirmation, keep records of missed provision, and seek advice about complaint or legal routes where needed.

Are SEND rights changing because of reform?

Current SEND rights still apply unless and until legislation changes them. Proposed reforms may affect how support is planned in future, but families should continue using current SEND routes where support is needed now.

Will Individual Support Plans have appeal rights?

This is not yet fully confirmed. A key issue in SEND reform is whether future plans will have clear challenge routes and enforceable rights. Families should wait for legislation and guidance before assuming how ISP appeal rights will work.

If you are exploring SEND rights, school support, EHCPs or proposed SEND reforms, these guides may also help:

Further Guidance and Trusted SEND Support Resources

The following resources provide useful background on SEND law, rights and appeals:

For Providers — Join Find Support UK

If you offer SEND, EHCP, advocacy, education consultancy or SEN tutoring support, you can Submit a Support Listing or Claim a Listing.

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