Which sections can I appeal against?

Parents (or young persons over 16) only have the right to appeal against the 'educational' sections of their child's EHC plan. This means you can only appeal against:

• Section B:  the description of your child's special educational needs
• Section F:  the special educational provision that is required to meet your child's needs
• Section I:   placement (nursery, school or FE college)

In the following pages about specific types of appeal, we give guidance for parents on how to submit appeals against the educational sections of the EHC plan.

Appeals against Section I (placement) only.

We advise against submitting an appeal which is only against Section I (placement).  If you believe your child needs a different school then this is likely to mean that amendments are needed to either Sections B or F - or more likely, to both sections.

How to amend your appeal to include a right of appeal against Sections B and/or F. 

If you have submitted an appeal against Section I only, and then realise you need to include an appeal against Sections B and/or F, then you will need to submit a Request for Change form  to SENDIST to ask for your grounds of appeal to be amended to include an appeal against Sections B and/or F.  Read the instructions carefully as you will need to ensure you have consulted the Local Authority or your Request will be returned.

Outcomes (Section E)

There is no right of appeal against Section E.  However, recent case law has confirmed that, if you appeal and the Tribunal decides that the EHC plan is not satisfactory, particularly in regard to Section F (special educational provision), they have the right to order subsequent changes to Section E.

Appeal against special educational needs (Section B) and/or special educational provision (Section F)

Appeal against the name of the placement, or if no placement named (Section I)