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

Special educational needs ('SEN') has been a developing legal area since 1993. Just under 1.5 million pupils in England have special educational needs ('SEN') and the number of children and young people with Education Health and Care ('EHC') plans increased to 473,300, as at January 2022. Apart from a decrease in 2020, requests for EHC plans have increased each year since EHC plans were introduced. In the academic year 2021/22, HMCTS tribunals recorded 11,000 registered SEN appeals, an increase of 29% when compared to the prior year.



These appeals, which deal with disputes in England between a Local Authority and parents or young people relating to EHC needs assessments and plans, can now be "extended" to include health and social care issues too. They are heard in private, by independent panels consisting of a judge and 1 or 2 specialist members who have relevant specialism and experience. 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 in detail 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 since 2021. She regularly acts in proceedings before the First-tier Tribunal and Upper Tribunal on behalf of parents, young people, local authorities, and responsible bodies for schools. 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 2021 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