Education Law FAQs

Practical answers, topic by topic. General information only, not legal advice on your specific circumstances.

EHCP needs assessment and refusal to issue

What is the deadline to appeal a refusal to assess for an EHCP?

Two months from the date on the local authority's decision letter, or one month from your mediation certificate, whichever is later. You must normally obtain a mediation certificate before appealing, though attending mediation itself is optional.

EHCP contents and placement

What can I appeal about the contents of an EHCP?

You can appeal the description of your child's needs (Section B), the special educational provision specified (Section F), and the school or placement named (Section I). The same two month deadline from the decision letter applies.

Can I appeal just the school named, if I agree with everything else?

Yes. Where Sections B and F are agreed and your dispute is only about the school or placement in Section I, you can bring a placement-only appeal, arguing suitability, incompatibility with the efficient education of others, or unreasonable public expenditure. If the authority reopens B or F during the appeal, it proceeds as a full contents appeal instead.

Cease to maintain an EHCP

The local authority wants to stop my child's EHCP. Can I challenge that?

Yes. A decision to cease to maintain an EHCP carries the same right of appeal to the SEND Tribunal as other EHCP decisions, on the same two month deadline. Given the urgency of losing statutory support, early advice matters.

Provision not delivered

My child's school isn't delivering what the EHCP says. What can I do?

Section 42 of the Children and Families Act 2014 places an absolute duty on the local authority to secure the provision in Section F. If it is not being delivered, a formal letter before action can be sent, and if the authority still fails to act, judicial review may follow.

Disability discrimination

Can I bring a disability discrimination claim against a school?

Yes, under the Equality Act 2010, disability discrimination claims against schools go to the First-tier SEND Tribunal. This can include claims connected to an exclusion. Claims must generally be lodged within six months of the discriminatory act.

School exclusions

How long do I have to request an independent review of a permanent exclusion?

You must apply within 15 school days of the governing board sending its decision letter upholding the exclusion. The independent review panel cannot reinstate your child directly, but it can uphold the exclusion, recommend the governing board reconsider, or direct reconsideration. Where disability discrimination is involved, a claim to the SEND Tribunal is a separate route which can order reinstatement, even after your child's name has been removed from the roll.

No suitable education, section 19

What happens if my child has no school place or isn't getting suitable education?

Under section 19 of the Education Act 1996, the local authority has a duty to arrange suitable full-time education for a child who, for reasons of illness, exclusion or otherwise, would not receive it. Where this duty is not met, a letter before action requiring the authority to secure education is the usual first step.

Children in need and social care

How does a child's social care assessment connect to their EHCP?

Where a child has social care needs alongside educational needs, these can be reflected in Sections D and H of the EHCP. A request for a section 17 Children Act 1989 assessment can run alongside representations on the EHCP where the two overlap.

Judicial review

What is the pre-action protocol, and how long does the authority have to respond?

Before a judicial review claim can be issued, a letter before claim must normally be sent, setting out the decision challenged and the remedy sought. The public body should normally respond within 14 days. The claim itself must still be filed promptly and, in any event, within three months of the decision, regardless of how long the pre-action correspondence takes.

School transport

Can I appeal a school transport decision?

Yes. Most local authorities operate a two stage internal appeal process for home-to-school transport decisions, reviewed first against the published policy and then, if unresolved, by a panel. If both stages fail, a complaint to the Local Government and Social Care Ombudsman or judicial review may follow, depending on the facts.

Admissions

What can I do if my child is refused a school place?

You have a statutory right to appeal a refused admission to an independent appeal panel. The panel considers whether the admission arrangements were correctly applied and, for oversubscribed schools, whether your case outweighs the prejudice of admitting one more child.

Further and higher education, 16 to 25

Do EHCP rights end at 18?

No. An EHCP can continue up to age 25 where the young person needs continued educational or training provision to achieve agreed outcomes, including in further education. Disputes over further and higher education support can also be raised with the institution directly or, in some cases, the Office of the Independent Adjudicator.

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This page is general information, not legal advice on your specific circumstances.

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