Letters to Appeal
Templates
Below are template letters, the first for appealing a refusing to assess for an EHCP and below that, appealing the Final EHCP.
These templates are available as a guide, we are not a professional legal or advisory service; our support and advice are offered from a parental perspective based on lived experience. For specific legal or professional advice we highly recommend seeking support from IPSEA or SENDIASS.
Appealing a Refusal to Assess Template
[Your Name]
[Your Address]
[City, Postcode]
[Your Email]
[Your Phone Number]
[Date]
[Local Authority Name]
[Address of Local Authority SEND Department]
[City, Postcode]
Subject: Appeal Against Refusal to Assess for an Education, Health, and Care Plan (EHCP) – [Child’s Full Name, Date of Birth]
Dear [Local Authority Contact Name],
I am writing to formally appeal the decision of [Local Authority Name] to refuse to carry out an Education, Health, and Care (EHC) needs assessment for my child, [Child’s Full Name], as communicated in your letter dated [Date of Refusal Letter]. I strongly believe that an assessment is necessary to ensure that my child receives the appropriate support for their special educational needs.
Background Information
[Briefly describe your child’s needs, including diagnoses (if applicable), difficulties in school, and any professional reports or recommendations that support the need for an EHCP.]
Reasons for Appeal
Under the Children and Families Act 2014, local authorities are required to carry out an EHC needs assessment if a child has or may have special educational needs that require additional support beyond what is ordinarily available in their school. Based on the following points, I believe this threshold has been met:
1. Evidence of Special Educational Needs – [Explain the specific difficulties your child faces in education and why current support is insufficient.]
2. Impact on Learning and Well-being – [Describe how the lack of adequate support affects your child’s progress, development, and mental health.]
3. Professional Recommendations – [Mention any supporting evidence from teachers, SENCOs, therapists, or medical professionals that indicate the need for an EHCP.]
4. Legal Basis – According to Section 36(8) of the Children and Families Act 2014, an assessment should be conducted if a child may have SEN and may require special educational provision. I believe my child meets this criteria.
Request for Reconsideration
Given the above evidence, I respectfully request that the local authority reconsider its decision and proceed with an EHC needs assessment for [Child’s Name]. Alternatively, if the decision is not overturned, I intend to exercise my right to appeal through the First-tier Tribunal (Special Educational Needs and Disability). Please consider this letter as my formal request for mediation before proceeding to tribunal.
I would appreciate a response within the statutory timeframe and look forward to working collaboratively to ensure the best possible support for my child.
Yours sincerely,
[Your Name]
[Your Relationship to Child (e.g., Parent/Guardian)]
Appealing a Final Plan Template
[Your Name]
[Your Address]
[City, Postcode]
[Your Email]
[Your Phone Number]
[Date]
[Local Authority Name]
[Address of Local Authority SEND Department]
[City, Postcode]
Subject: Appeal Against Final Education, Health, and Care Plan (EHCP) – [Child’s Full Name, Date of Birth]
Dear [Local Authority Contact Name],
I am writing to formally appeal the contents of the final Education, Health, and Care Plan (EHCP) issued for my child, [Child’s Full Name], as communicated in your letter dated [Date of Final Plan]. I believe that the current plan does not adequately address my child’s special educational needs and that amendments are required to ensure they receive the necessary support.
Background Information
[Briefly describe your child’s needs, including diagnoses (if applicable), difficulties in school, and any professional reports or recommendations that support the need for specific provisions in the EHCP.]
Grounds for Appeal
Under the Children and Families Act 2014 and the SEND Code of Practice, an EHCP must be clear, specific, and sufficient in detailing the provision required to meet a child’s needs. I am appealing for the following reasons:
1. Inadequate Description of Needs – [Explain any missing or incorrect details about your child’s needs and how this impacts their education.]
2. Insufficient or Inappropriate Support – [Detail any provisions that are missing, insufficient, or inappropriate to meet your child’s needs.]
3. Placement Concerns – [If relevant, explain why the named school or setting is unsuitable and suggest a more appropriate placement.]
4. Legal Basis – According to Section 19 of the Children and Families Act 2014, the local authority must ensure that EHCPs are designed to achieve the best possible outcomes for the child. The current plan does not fully meet this obligation.
Request for Reconsideration
Given the above concerns, I respectfully request that [Local Authority Name] amend the final EHCP to reflect my child’s actual needs and ensure they receive appropriate support. If these changes are not made, I intend to exercise my right to appeal to the First-tier Tribunal (Special Educational Needs and Disability) regarding the content of the EHCP, including Section B (Needs), Section F (Provision), and Section I (Placement), as applicable.
Please treat this letter as my formal request for mediation before proceeding to tribunal. I would appreciate a prompt response within the statutory timeframe and look forward to working collaboratively to secure the necessary support for my child.
Yours sincerely,
[Your Name]
[Your Relationship to Child (e.g., Parent/Guardian)]
“Until you have a child with additional needs, you have no idea of the depth of your strength, tenacity and resourcefulness”
