EHCP Tribunal — Your Rights & How to Appeal

98% of parents win at tribunal. Here's why the system is stacked in your favour — and how to use it.

Updated: February 2026

The Numbers: You're Likely to Win

📊 Key Statistics

  • 98% — parents who get to tribunal win
  • 1.3% — councils win
  • 55% — rise in tribunal appeals in 2024
  • 61% — appeals about EHCP content

The system is designed this way. Councils know they'll lose, but they still fight — costing taxpayers £153 million in 2024 alone. Don't be intimidated.

When Can You Appeal?

You can appeal to the Special Educational Needs and Disability (SEND) Tribunal about:

  • Refusal to assess — LA refused to assess your child (28% of appeals)
  • Refusal to issue — LA refused to issue an EHCP (9% of appeals)
  • Content of EHCP — the main battleground (61% of appeals):
    • School/college placement
    • Therapies specified
    • Hours of support
    • Outcomes
  • Refusal to maintain — LA wants to stop the EHCP

How to Appeal

Step 1: Mediation First (Optional)

You must consider mediation, but you don't have to do it. Most parents skip it and go straight to tribunal.

Step 2: Register Your Appeal

Step 3: Evidence

You need:

  • Your child's EHCP (or refusal letter)
  • School reports
  • Any professional reports (SALT, OT, EP)
  • Your witness statement — be specific
  • Examples of what your child needs vs what's in the plan

Step 4: The Hearing

  • Usually 1 day
  • You present your case, LA presents theirs
  • tribunal may visit school
  • Decision usually within 2 weeks

Timeline

  • Week 0: LA decision letter
  • Week 1-2: Register appeal
  • Week 3-6: Evidence exchange
  • Week 8-12: Mediation offer (you can skip)
  • Week 12-26: Await hearing date
  • Hearing: 1 day
  • +2 weeks: Decision

Total: 3-6 months typically

Getting Help

Free Advice

  • IPSEA — Independent Provider of Special Education Advice
    ipsea.org.uk — free helpline
  • SENDIASS Kent — 0300 123 6728
  • Contactcontact.org.uk

Paid Help

  • Lawyers: Many SEN solicitors offer free first consultations
  • Expert witnesses: Educational psychologists can strengthen your case (£300-£800)

How to Win (Tips from Parents Who Did)

🎯 What works

  1. Be specific — "My child needs 1:1 support in class" not "they need more help"
  2. Use the school's own data — SATs, assessments, behaviour logs
  3. Get professional reports — EP, SALT, OT reports carry weight
  4. Document everything — emails, meetings, responses
  5. Bring a witness — another parent, advocate, or friend

❌ What doesn't work

  • Vague requests ("more support")
  • Emotional arguments without evidence
  • Asking for things not in the Code of Practice

Frequently Asked Questions

Can I represent myself or do I need a lawyer?

Yes — many parents represent themselves and win. The tribunal is parent-friendly. But get advice from IPSEA first.

Will going to tribunal damage my relationship with the school/LA?

Honestly? Maybe. But your child's needs come first. And many parents report the LA becomes more cooperative after a tribunal loss.

What if I lose?

You can appeal to the Upper Tribunal (on point of law only). Talk to IPSEA about your options.

Can I get my legal costs back?

Usually no — each side pays their own costs. But the process is free to parents.

© 2026 SENDPath — Built by a Kent parent, for Kent parents.

⚠️ This is information only, not legal advice.