Disagreeing with a decision about an EHC plan

If you do not agree with a decision made by the Cheshire East SEND Team, there are steps you can take. You can ask for a review, use mediation, or appeal to the SEND Tribunal.

This page explains your options and where to get support.

Decisions you can challenge

You can challenge a decision about your child’s Education, Health and Care (EHC) plan or assessment. This includes decisions to:

• not carry out an EHC needs assessment
• not issue an EHC plan after the assessment
• change the content of an EHC plan
• not amend an EHC plan after an annual review
• stop (cease) an EHC plan

If you are unsure whether your situation is covered, contact the SEND Team for advice.

Email:senteameast@cheshireeast.gov.uk 

Disagreement resolution services

Disagreement resolution is a free and independent service that helps resolve disagreements about special educational needs. It can be used for disagreements:

• between parents, young people, schools and the local authority
• about how a child or young person’s special educational needs are being met
• about parts of an EHC plan that cannot be appealed to the Tribunal
• about SEN support in a school or setting

This service is voluntary and available at any time. It aims to help everyone agree a way forward.

To use disagreement resolution, contact the Together Trust Mediation and Disagreement Resolution Service:

Phone: 0161 283 4848
Email: drs@togethertrust.org.uk

Together Trust Mediation and Disagreement Resolution Service (PDF, 1.94 MB)

Mediation

Mediation is different from disagreement resolution. Mediation is specifically for decisions about an EHC needs assessment or EHC plan.

You do not have to take part in mediation, but you must speak to a mediation adviser before appealing to the SEND Tribunal (unless you are appealing only about the school or setting named in the plan).

The mediation adviser will explain the process and arrange a meeting if you choose to go ahead.

Appeals to the SEND Tribunal

If your disagreement is not resolved through mediation, or mediation is not required, you can appeal to the First‑tier Tribunal (Special Educational Needs and Disability).

You can appeal about:

• decisions about an EHC needs assessment
• decisions about issuing an EHC plan
• the educational parts of an EHC plan (Sections B, F or I)
• decisions not to amend an EHC plan
• decisions to cease an EHC plan
• disability discrimination by a school or setting

For full government guidance on the Tribunal process ,  including evidence, hearings, case timelines and what the Tribunal can decide visit: First-tier Tribunal (SEND)

What happens during an appeal

When you send in your appeal form and evidence, the Tribunal checks it and sends you a timetable. This tells you the key dates and what you need to do next.

You’ll then have time to send any extra evidence you want the Tribunal to look at. The local authority will send their information too.

A hearing date is arranged — usually within 12 to 20 weeks. You’ll be told when it is and whether it will be online or in person.
You can get support from CEIAS or bring someone with you to the hearing.

At the hearing, a panel listens to both sides and asks questions if they need to. They understand that most families haven’t been through this before.

After the hearing, the Tribunal makes a decision, and the local authority must follow it.

Support and advice

Cheshire East Information, Advice and Support (CEIAS)

CEIAS offers free, impartial support to parents, carers and young people. They can help you understand decisions, prepare for mediation and support you through an appeal.

Support for young people aged 16 and over

Young people aged 16+ with capacity can make their own decisions about EHC plans and can submit their own appeals. CEIAS can support them.

Information in other formats

We can provide information in other languages, large print, audio or easy read.

Email:senteameast@cheshireeast.gov.uk