A Practical Guide to Education, Health and Care Plan Appeals in England

Special educational needs (‘SEN’) has been a developing legal area since 1993. Just under 1.5 million pupils in England have special educational needs (‘SEN’) and the number of children and young people with Education Health and Care (‘EHC’) plans increased to 473,300, as at January 2022. Apart from a decrease in 2020, requests for EHC plans have increased each year since EHC plans were introduced. The First-tier Tribunal (Special Educational Needs and Disability) now receives about statutory 10,000 appeals each year.

These appeals, which deal with disputes in England between a Local Authority and parents or young people relating to EHC needs assessments and plans, can now be “extended” to include health and social care issues too. They are heard in private, by independent panels consisting of a judge and 1 or 2 specialist members who have relevant specialism and experience. Examination of expert evidence is a common feature of these appeals.

This is a detailed practitioner’s guide to this fast-growing area. It addresses in detail the relevant statutory and case law as well as the rules and procedure of the First-tier Tribunal and Upper Tribunal which govern these appeals.