Education & SEN Support

Education & SEN Solicitors — EHCP Appeals, School Exclusion, Admissions & SEN Tribunal

The Children and Families Act 2014 gives children and young people with special educational needs (SEN) the right to an Education, Health and Care Plan (EHCP) — a legally binding document describing the child's needs and the provision required to meet them. When local authorities fail to carry out EHC needs assessments, issue inadequate EHCPs, or refuse to name the school a family wants, a specialist SEN solicitor challenges those decisions at the First-tier Tribunal (SEN and Disability — SENDIST). Alongside EHCPs, a solicitor also handles school exclusion appeals, admissions appeals, and disability discrimination in education — ensuring that every child receives the education they are entitled to.

EHCP appeals — SENDIST EHC needs assessment refusals School exclusion — governing body & IRP Admissions appeals
⚠️ An EHCP appeal to the First-tier Tribunal (SENDIST) must be registered within 2 months of the LA's decision — and a school exclusion appeal must be lodged within 15 school days of the exclusion. SENDIST appeals involve complex procedural requirements — working documents, evidence bundles, and Expert witness reports — that require careful preparation. A solicitor manages the timeline from the day of the decision.

Education & SEN — Key Areas

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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 special educational provision to be made in accordance with an EHC plan (Children and Families Act 2014 s.36). Where the LA refuses to carry out the assessment, the family can appeal to the First-tier Tribunal (SENDIST) within 2 months of the refusal. The LA can only refuse where it is not necessary — but "not necessary" is a high threshold where there is evidence of complex or unmet need. A solicitor advises on the evidence needed to support the assessment request, prepares the SENDIST appeal, and manages the mediation process (which is compulsory to attempt before SENDIST for most decisions).
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EHCP content appeals — CFA 2014 s.51 & Sch 3 — once issued, an EHCP can be appealed to SENDIST on the following grounds (and combinations thereof): (B) the description of the child's SEN in Section B is inaccurate or inadequate; (F) the educational provision in Section F is insufficient to meet the needs in Section B; (I) the name of the school or other institution in Section I is wrong; (I) no school is named (where the LA has left Section I blank). SENDIST can substitute its own EHCP — naming the school the family wants, amending Section B and F, and directing the LA to provide the specific provision. A solicitor prepares the appeal bundle — expert reports (educational psychologist, speech and language therapist, occupational therapist), working documents, evidence of the proposed school's ability to meet need, and written legal submissions.
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School exclusion appeals — DfE Exclusion Guidance 2023 — a permanent exclusion can be challenged first before the governing body's exclusion review panel (15 school days from the date of the exclusion decision). If the governing body upholds the exclusion, the family can apply for an Independent Review Panel (IRP) within 15 school days. The IRP can: uphold the exclusion; recommend reinstatement (where the decision was not reasonable); or quash the decision and direct the governing body to reconsider (where the headteacher's decision was flawed or the process was procedurally unfair). A solicitor challenges exclusions where the school failed to follow the DfE Exclusion Guidance, failed to properly consider the pupil's SEN, or where the decision was disproportionate to the conduct alleged.
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School admissions appeals — SSFA 1998 s.94 — where a child is refused a place at the school the family wants, an admissions appeal can be made to an independent appeal panel (IAP). The IAP follows a two-stage process: (1) Did the admission authority correctly apply the oversubscription criteria? If yes, and the school is full, the case moves to stage 2; (2) Would the prejudice to the school from admitting the additional pupil outweigh the prejudice to the family from non-admission? For infant classes (Reception–Year 2), the threshold is higher — the appeal can only succeed where the admission authority made an error of law or unreasonable decision. A solicitor prepares the admissions appeal, identifies errors in the application of oversubscription criteria, and presents the family's case to the IAP.
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Disability discrimination in education — Equality Act 2010 Part 6 — schools, colleges, and universities are prohibited from discriminating against disabled students (Equality Act 2010 Part 6, Sch 13). A school must make reasonable adjustments to avoid putting disabled pupils at a substantial disadvantage. Disability discrimination claims against schools and local authorities are heard by SENDIST. Against higher education institutions, claims are heard by the County Court. A solicitor challenges: failure to make reasonable adjustments (for example, not providing a teaching assistant, not adapting the curriculum, failing to provide a quiet room for exams); direct discrimination; and failure to comply with the Public Sector Equality Duty (EA 2010 s.149).
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EHCP annual reviews — CFA 2014 s.44 — local authorities must review an EHCP at least annually. At the annual review, the LA can: maintain the EHCP (with or without amendments); cease the EHCP; or amend the EHCP. Where the LA ceases or amends the EHCP at annual review, the family can appeal to SENDIST (within 2 months of the LA's final decision, following the mediation requirement). Annual review disputes are common at key transition points — from primary to secondary school, and at Year 9 (transition to post-16 education). A solicitor advises on the annual review process, challenges inaccurate or inadequate amended EHCPs, and manages SENDIST appeals against decisions to cease the plan or to name an inappropriate school at transition.

Frequently Asked Questions

The local authority has refused to carry out an EHC needs assessment — how do I appeal?

Where the LA refuses to carry out an EHC needs assessment, the family must: (1) attempt mediation (contact a mediation adviser within 2 months of the decision — the mediation adviser issues a mediation certificate); and (2) register an appeal at SENDIST within 2 months of the LA's decision (or 1 month of the mediation certificate, whichever is later). The SENDIST appeal bundle should include: all education records; evidence of the child's SEN (school reports, EP assessments, medical evidence); the request for assessment and supporting reports; and the LA's refusal letter and reasoning. SENDIST will substitute its own decision if it considers the assessment necessary. A solicitor manages the mediation process and prepares the SENDIST appeal bundle.

The EHCP names a school we don't want — how do we appeal for a different school?

The naming of the school in Section I of the EHCP is a ground of SENDIST appeal. The appeal must be registered within 2 months of the final EHCP (after mediation). A parent can request any school (maintained mainstream or special) — and the LA must name it unless: it would be unsuitable for the child's age, ability, aptitude, or SEN; or it would be incompatible with the efficient education of others or the efficient use of resources. The "incompatibility" ground requires the LA to show that the additional cost of placing the child at the preferred school (compared to the named school) would be an unreasonable public expenditure. A solicitor prepares the evidence of the preferred school's suitability (visit notes, headteacher's letter, evidence of provision) and manages the SENDIST appeal.

My child has been permanently excluded — what is the appeals process?

The exclusion appeal process has two stages: (1) Governing body exclusion review panel — within 15 school days of the exclusion. If the governing body upholds the exclusion: (2) Independent Review Panel (IRP) — within 15 school days of the governing body's decision. The IRP can uphold, recommend reinstatement (non-binding on the governing body), or quash and direct the governing body to reconsider (where the decision was procedurally flawed or unreasonable). If the pupil has SEN, a SEN expert must be present at the IRP. A solicitor challenges the exclusion before the governing body and — where the governing body upholds it — prepares the IRP application, identifying failures to follow DfE guidance, failures to consider the pupil's SEN, and disproportionality.

What is mediation and is it compulsory before appealing to SENDIST?

Before registering most SENDIST appeals, families must contact a mediation adviser and consider mediation (CFA 2014 s.55). The contact with a mediation adviser is compulsory — the appeal cannot be registered without the mediation certificate (even if the family decides not to attend mediation). Mediation itself is not compulsory — the family can decide not to mediate and proceed directly to the tribunal. However, mediation can be a useful way to resolve issues informally and more quickly than waiting for a tribunal hearing. Where the only appeal ground is Section I (the school named) and not Section B or F, mediation is not required before appealing. A solicitor advises on whether mediation is worthwhile in the specific circumstances and manages the mediation process.

Can the school refuse to make adjustments for my child's disability?

No — schools have a duty under the Equality Act 2010 (Part 6, Sch 13) to make reasonable adjustments to avoid putting disabled pupils at a substantial disadvantage compared to non-disabled pupils. "Reasonable adjustments" includes both physical adjustments and changes to policies and practices. Whether an adjustment is "reasonable" depends on the circumstances — including cost, disruption, and the benefit to the disabled pupil. Common examples of unreasonable refusals: not providing a teaching assistant for a child with autism or ADHD where the EHCP requires one; refusing to allow a pupil to use a laptop for assessments; refusing to provide a quiet room for exams; or excluding a pupil for behaviour that is a manifestation of their disability. SENDIST hears disability discrimination claims against schools — with the power to order reasonable adjustments and compensation.

How It Works

One clear request. An education solicitor challenges the local authority's decision and gets your child the support they need.

No upfront cost. A specialist education and SEN solicitor reviews the LA's decision, manages the mediation process, prepares the SENDIST appeal bundle with expert reports, and represents the family at the tribunal hearing — getting the EHCP, the school, and the provision the child is entitled to.

Submit Your Request
1

Tell us about the education issue

Describe the LA's or school's decision — EHCP refusal, inadequate provision, school exclusion, admissions refusal, or disability discrimination — and any deadline you face.

2

Matched to a specialist

We connect you with a specialist education and SEN solicitor experienced in SENDIST appeals, school exclusion challenges, and admissions appeals.

3

Appeal prepared and run

Your solicitor manages the mediation, prepares the SENDIST appeal bundle with expert reports, and represents the family at the tribunal — achieving the EHCP, school placement, and provision the child is legally entitled to.

Education & SEN Support

Every child is entitled to education provision that meets their needs. A specialist solicitor enforces that entitlement.

From EHC needs assessment refusals and EHCP content appeals through SENDIST, school exclusion governing body and IRP appeals, admissions challenges, disability discrimination claims, and annual review disputes — a specialist education solicitor challenges the LA's or school's decision and gets the child the provision, the school, and the support they are legally entitled to.

Submit Your Request

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