Giving a preference for a setting with an EHC Plan

If a child or young person has an EHC Plan you have a legal right to request that a particular setting is named in Section I. This includes a preference for an independent school, college or other institution.

Appeal

If the final EHCP has a setting named that a young person or parent carers don’t agree with then they can appeal this decision. The letter you receive with the final EHCP will explain the decision and how to appeal.

Education settings cannot appeal on behalf of a young person or parent carers. 

If you are only appealing Section I of the EHCP then you don’t have to consider mediation if you don’t want to. You still have the right to mediation however you won’t receive a mediation certificate.

If you are appealing Section I of the EHCP and other sections of the EHCP then you do have to consider mediation and get a mediation certificate.

You must contact the mediation advisor within 2 months of the date of the letter you receive with the final EHCP. This deadline cannot be extended by the mediation provider.

If there is no agreement between the parent carer and the Local Authority at mediation, the parent carer can move to the First Tier Tribunal. 

You cannot appeal an EHCP decision in any way apart from this process