A Practical Guide to Education, Health and Care Plan Appeals in England – Second Edition

More than 1.7 million pupils in England have special educational needs (‘SEN’) and more than 480,000 have Education Health and Care (‘EHC’) plans – legal documents giving them additional entitlements to support. Except in 2020, requests for EHC plans have increased in every year since they were introduced, and in the academic year 2023/24, HMCTS tribunals recorded 21,000 registered SEN appeals, an increase of 55% from the previous year. These appeals, which deal with disputes in England between a local authority and parents or young people relating to EHC needs assessments and EHC plans, can now be extended to include health and social care issues. They are heard in private, by independent panels consisting of a judge and specialist members. Examination of expert evidence is a common feature of these appeals. This is a detailed practitioner’s guide to this fast-growing area. It addresses the relevant statutory and case law as well as the rules and procedure of the First-tier Tribunal and Upper Tribunal which govern these appeals. ABOUT THE AUTHOR Katherine Anderson is a very experienced barrister and education law specialist ranked as a Leading Junior in Chambers and Partners and Legal 500 rankings. She regularly acts in SEN proceedings before the First-tier Tribunal and Upper Tribunal and the Administrative Court in judicial review. Her own education was at Cambridge University, United Kingdom, and Harvard University, United States. She is a member of 3PB Barristers, described by The Legal 500 as a set that is “increasingly becoming a powerhouse in education law”. CONTENTS Chapter One – Overview Chapter Two – ‘Refusal to Assess’ or ‘Reassess’ Appeals Chapter Three – ‘Refusal to Issue’ Appeals Chapter Four – Special Educational Needs and ‘Section B’ Appeals Chapter Five – Special Educational Provision and ‘Section F’ Appeals Chapter Six – ‘Section I’ Appeals Chapter Seven – Education Otherwise Than at School (‘EOTAS’) Chapter Eight – Ceasing to Maintain EHC Plans and ‘Ceasing to Maintain’ Appeals Chapter Nine – Health and Social Care Needs and Provision and ‘Extended Appeals’ Chapter Ten – The First-Tier Tribunal in Special Educational Needs Cases – Practice and Procedure Chapter Eleven – Correcting, Setting Aside, Reviewing and Appealing First-Tier Tribunal Decisions