SEND & EHCP Solicitors
Local authorities routinely refuse EHCP assessments, issue inadequate EHCPs, and name inappropriate placements. Each of these decisions can be challenged at the SEND Tribunal — and the outcome makes a lasting difference to the child's education and life.
The Children and Families Act 2014 gives children with special educational needs and disabilities (SEND) the right to an Education, Health and Care Plan (EHCP) — a legally binding document setting out the child's needs, the provision required to meet them, and the educational placement. Local authorities frequently fail to comply with their duties — refusing assessments without proper justification, issuing EHCPs that inadequately describe the child's needs or the provision required, and naming mainstream placements that cannot meet the child's needs. A solicitor will advise on the family's legal rights, challenge the local authority's decisions, and represent the family at the First-tier SEND Tribunal.
SEND & EHCP — Legal Rights & How They Are Challenged
SEN and EHCP disputes — the decisions most commonly challenged and how a solicitor supports families at each stage.
SEND law is complex — and local authorities do not always apply it correctly. A solicitor will identify where the local authority has fallen short of its legal duties and pursue the challenge that gives the child the best chance of receiving the support they need.
EHCP assessment refusals — challenging the local authority's decision
Where a parent or a young person requests an EHCP assessment and the local authority refuses — deciding that an assessment is not necessary — the parent has a statutory right of appeal to the First-tier SEND Tribunal within 2 months of the refusal. The tribunal will consider whether the local authority's refusal was correct — applying the legal test of whether it may be necessary to make an EHC plan for the child. The legal threshold for carrying out an EHC needs assessment is low — any reasonable possibility that an EHCP will be required should trigger an assessment. A solicitor will draft the grounds of appeal, gather the professional evidence (educational psychologist, specialist teacher, SALT, OT reports) and present the case to the tribunal.
EHCP content disputes — challenging inadequate Sections B, F, and I
The content of the EHCP is as important as having one — an EHCP that inadequately describes the child's needs (Section B) or that specifies vague or unenforceable provision (Section F) is not worth the paper it is written on. Section F must specify the provision in clear, specific, and quantified terms — not aspirational language ("access to", "as required", "where necessary"). Where the EHCP is inadequate in this way, it cannot be enforced, and the child's needs will not be met. A solicitor will review the EHCP, identify all the ways in which Sections B, F, and I fall short of the legal standard, and challenge the content at the SEND Tribunal — requiring the local authority to produce a legally compliant plan.
Educational placement disputes — naming the right school
Section I of the EHCP names the educational placement — the school or other institution where the child is to be educated. Local authorities routinely name inappropriate placements (too large, too mainstream, unable to meet the child's needs) or insist on a less expensive alternative to the parent's preferred provision. Parents have the right to request that a specific school is named in Section I — and the right to appeal to the SEND Tribunal where the local authority refuses. A solicitor will assess whether the parent's preferred school can meet the child's needs (as specified in Section F), prepare the case for naming that school, and represent the family at the tribunal hearing.
Annual review disputes — keeping the EHCP up to date
The EHCP must be reviewed annually — and the local authority must amend it if the child's needs or the provision required have changed. Where the local authority fails to carry out the annual review on time, fails to amend the EHCP following the review, or ceases to maintain the EHCP without proper justification, the parent has a right of appeal to the SEND Tribunal. A solicitor will advise on whether the annual review process was correctly conducted, challenge the local authority's failure to maintain or amend the EHCP, and represent the family where the dispute cannot be resolved by negotiation. Where the local authority proposes to cease the EHCP (typically when the child is transitioning out of school age provision), a solicitor will challenge the cessation proposal where it is premature.
EHC needs assessment — the process and what parents can expect
The EHC needs assessment involves the local authority gathering advice from a range of professionals — educational psychologist, school, health professionals, social care, and others — and the parents. The assessment must be completed within 20 weeks of the request (including the decision whether to issue the EHCP). The local authority must take into account all the professional advice and the parent's representations. A solicitor will advise on the parent's rights throughout the assessment process, review the professional advice gathered, identify any gaps in the evidence, commission additional reports where required, and challenge the local authority's draft EHCP where it does not reflect the professional evidence or the parent's representations.
SEND Tribunal — the process from notice of appeal to hearing
A SEND Tribunal appeal is a formal legal process — the parent files a notice of appeal, the local authority files its response (and is typically required to produce an updated EHCP), the parties exchange working documents, the professional witnesses are identified, and the case proceeds to a hearing before a First-tier Tribunal judge and a specialist panel member. A solicitor will manage the entire process — reviewing the local authority's response, engaging the professional witnesses (educational psychologist, SALT, OT, specialist teachers), preparing the case documents, and representing the family at the hearing. SEND Tribunal hearings are emotionally demanding — a solicitor's involvement ensures the family's case is presented professionally and effectively.