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SEN & EHCP Support

SEN & EHCP Solicitors — EHC Needs Assessments, EHCP Content, School Naming & SENDIST Appeals

The Education, Health and Care Plan (EHCP) — introduced by the Children and Families Act 2014 — is the cornerstone of legal protection for children and young people with special educational needs. An EHCP creates legally binding obligations on the local authority: to arrange the educational provision specified in Section F; to name the school or institution in Section I; and to review the plan at least annually. When local authorities refuse to assess, issue inadequate plans, name the wrong school, or reduce provision at annual review, a specialist SEN solicitor challenges those decisions at the First-tier Tribunal (Special Educational Needs and Disability — SENDIST) — the independent court with the power to rewrite the EHCP and name the school the family wants.

EHC needs assessment — CFA 2014 s.36 EHCP Sections B, F & I appeals SENDIST — 2-month deadline Annual review disputes
⚠️ SENDIST appeals must be registered within 2 months of the local authority's decision — and mediation must be attempted (or waived) first, which itself takes time. The mediation clock and tribunal deadline run simultaneously — a solicitor instructed immediately after the decision can manage both processes without losing tribunal time. Delays in instructing a solicitor after an LA decision frequently result in late appeals or inadequate preparation.

SEN & EHCP — Key Disputes

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EHC needs assessment refusals — CFA 2014 s.36 — a local authority must carry out an EHC needs assessment where it is necessary or may be necessary for an EHCP to be made for the child (CFA 2014 s.36(3)). The "may be necessary" threshold is low — the LA must assess unless it can demonstrate that special educational provision through SEN support alone is sufficient to meet the child's needs. Refusals are often challenged successfully at SENDIST. Evidence needed: the child's SEN history; professional reports showing complex or unmet needs (educational psychologist, SALT, OT, specialist consultant letters); school SEN support records; and evidence of the child's lack of progress despite SEN support. A solicitor advises on the threshold and prepares the appeal for SENDIST.
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EHCP content — Sections B, F & I — CFA 2014 s.51 & Sch 3 — once an EHCP is issued, it can be appealed on grounds B (the description of SEN is inaccurate or incomplete), F (the educational provision is insufficient to meet the needs in Section B), and I (the school or institution named is inappropriate — or no school is named). These grounds can be combined — a single SENDIST appeal can challenge all three sections. SENDIST has the power to substitute its own EHCP — amending the wording of the needs description (Section B), the provision (Section F), and naming the school the family wants (Section I). A solicitor analyses each section of the EHCP against the expert evidence and prepares a working document showing every proposed amendment, section by section.
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Naming the preferred school — Section I — CFA 2014 s.38 & Sch 3 para 8 — the local authority must name the school requested by the parent unless it would be: unsuitable for the child's age, ability, aptitude, or SEN; incompatible with the efficient education of others; or an inefficient use of resources. The "inefficient use of resources" ground requires the LA to demonstrate that placing the child at the preferred school — compared to the school the LA wants to name — would represent unreasonable public expenditure. The LA cannot simply prefer a cheaper school — the additional cost must be unreasonable. A solicitor prepares the evidence of the preferred school's suitability (visit notes, headteacher's letter, specialist staff qualifications, previous placements of similar pupils), the costs comparison, and the legal submissions on the resources ground.
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Annual review disputes — CFA 2014 s.44 — the local authority must review an EHCP at least annually — and must do so within 12 months of the last review (or 6 months for a child under 5). At the annual review, the LA can: maintain (with or without amendments); amend; or cease the EHCP. Any decision to amend or cease triggers a right of appeal to SENDIST (within 2 months of the final decision, after mediation). Annual review disputes are common at Year 5 (moving to secondary school provision), Year 9 (transition planning — EHCP must include transition to adulthood plans), and the final year of school/college (preparing to cease the EHCP). A solicitor challenges annual review outcomes that reduce provision, name an inappropriate school at transition, or cease the EHCP prematurely.
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Transition planning — 16–25 years — CFA 2014 s.19 — EHCPs can continue until a young person is 25, provided they remain in education or training. At Year 9 (age 13–14), the annual review must include a transition plan. At age 16–18 (post-16 transition), the young person moves into post-16 education — and the LA must arrange the provision in Section F at a post-16 institution (college, specialist post-16 provision, or specialist independent college). Disputes arise where: the LA proposes to cease the EHCP at 16 or 18 without proper justification; the proposed post-16 placement cannot meet the Section F provision; or the LA proposes a cheaper but inappropriate post-16 placement. A solicitor challenges inadequate transition plans and post-16 placement decisions at SENDIST.
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EHCP implementation and enforcement — CFA 2014 s.42 — once an EHCP is finalised (including after a SENDIST appeal), the local authority must arrange the special educational provision specified in Section F (CFA 2014 s.42). Where the LA fails to implement the EHCP — for example, by failing to provide the specified speech and language therapy, occupational therapy, or specialist teaching — the family can: make a complaint to the LA; complain to the Local Government Ombudsman; or apply for judicial review to compel the LA to comply. Financial remedies are available where the LA's failure has caused loss (for example, the cost of privately funding provision that should have been LA-funded). A solicitor challenges implementation failures and pursues the available remedies — including LGO complaints and judicial review injunctions requiring immediate implementation.

Frequently Asked Questions

What is the threshold for obtaining an EHC needs assessment?

The threshold for an EHC needs assessment is that it is necessary or may be necessary for special educational provision to be made in accordance with an EHC plan (Children and Families Act 2014 s.36(3)). This is a low threshold — the LA must assess unless it can be confident that the child's needs can be fully met through SEN support alone, without an EHCP. The LA cannot refuse to assess simply because it thinks an EHCP is unlikely to be issued. Common evidence supporting an assessment request: evidence of complex or multiple SEN that the school cannot meet through SEN support (educational psychologist reports, SALT assessments, OT assessments, specialist consultant letters); evidence of the child's lack of progress despite SEN support (attainment data, SEN support records); and evidence from the school that it cannot meet the child's needs without an EHCP.

How does a SENDIST appeal work — what happens at the hearing?

A SENDIST appeal typically proceeds through the following stages: (1) Mediation — attempt mediation or obtain mediation certificate; (2) Register appeal with SENDIST — within 2 months of the LA's decision; (3) Case statement and working document — the family and the LA each produce a case statement; the key document is the "working document" — the EHCP marked up with proposed changes from both sides; (4) Evidence — both parties submit expert reports; (5) Pre-hearing — some complex appeals have a case management hearing; (6) Hearing — usually 1–2 days; both parties present evidence, experts can be cross-examined, and the judge makes the final decision. The SENDIST panel (a legally qualified judge and a specialist educational expert) has the power to rewrite the EHCP in full — amending Sections B, F, and I. A solicitor manages every stage of the process and represents the family at the hearing.

What expert evidence do I need for a SENDIST appeal?

The evidence needed depends on the grounds of appeal: for a Section B (needs description) appeal — typically an independent educational psychologist (EP) report commissioned by the family (to counter the LA's EP report); for a Section F (provision) appeal — reports from relevant therapists (speech and language therapist, occupational therapist, specialist teacher) specifying the provision required; for a Section I (school naming) appeal — evidence of the preferred school's ability to meet the child's needs (headteacher's letter, visit notes, evidence of specialist staff and facilities). In all cases, the working document is the core tool — the family's proposed amendments to each section of the EHCP, supported by the expert evidence. The LA will also submit its own expert evidence. A solicitor coordinates the expert evidence, prepares the working document, and manages the experts at the hearing.

The LA wants to place my child in a maintained mainstream school but we want a specialist independent school — can SENDIST order this?

Yes — SENDIST can name an independent special school in Section I of the EHCP, even over the LA's objection, where the independent school can meet the child's needs and the cost is not unreasonably excessive compared to the alternative. The LA will argue that its preferred mainstream school (with support) or a maintained special school can meet the child's needs — and that the independent school's cost is unreasonably expensive by comparison. The family must show: (1) the LA's preferred school cannot meet the SEN described in Section B; (2) the independent school can meet those needs; (3) the additional cost is not unreasonably excessive (particularly where the child has not made progress at the LA's preferred type of school). A solicitor prepares the costs comparison and the evidence of the independent school's provision.

What can I do if the LA is not implementing the EHCP?

Where the LA is failing to implement the provision in Section F of the EHCP (for example, not providing the specified SALT hours, not funding the specialist TA, or not placing the child at the named school), the following remedies are available: (1) Formal complaint to the LA under its complaints procedure; (2) Complaint to the Local Government Ombudsman — which can award financial remedy for the period of non-implementation; (3) Judicial review application — to obtain a mandatory order requiring the LA to comply with its s.42 duty immediately; and (4) Claim for the cost of privately funding provision that should have been LA-funded. A solicitor advises on which route is fastest and most effective for the specific failure — and pursues all available remedies, including emergency injunctions where the failure is causing immediate harm.

How It Works

One clear request. An EHCP solicitor challenges the LA's decision and gets your child the provision they need.

No upfront cost. A specialist SEN solicitor reviews the LA's decision, coordinates independent expert assessments, prepares the working document, manages the mediation requirement, and represents the family at the SENDIST hearing — to get the right EHCP, the right school, and the right provision.

Submit Your Request
1

Tell us about the EHCP issue

Describe the LA's decision — assessment refusal, inadequate EHCP, wrong school, or annual review outcome — the child's SEN, and any deadline you face.

2

Matched to a specialist

We connect you with a specialist SEN solicitor experienced in SENDIST appeals for EHC needs assessments, EHCP content, and school naming disputes.

3

Appeal prepared and won

Your solicitor manages mediation, coordinates expert assessments, prepares the working document, and represents the family at SENDIST — to achieve the EHCP, the school, and the provision the child is entitled to.

SEN & EHCP Support

Your child's EHCP is a legal document — when the LA gets it wrong, a specialist solicitor rewrites it.

From EHC needs assessment refusals and EHCP content appeals through Section I school naming disputes, annual review challenges, transition planning, post-16 placement disputes, and EHCP implementation failures — a specialist SEN solicitor manages every stage of the SENDIST process and achieves the EHCP, the school, and the provision the child is legally entitled to.

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