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

<p>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 473300 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 11000 registered SEN appeals an increase of 29% when compared to the prior year.</p><p><br></p><p>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.</p><p><br></p><p>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.</p><p><br></p><p><strong>ABOUT THE AUTHOR</strong></p><p><br></p><p>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.</p><p><br></p><p><strong>CONTENTS</strong></p><p><br></p><p>Chapter One - Overview</p><p>Chapter Two - 'Refusal to Assess' or 'Reassess' Appeals</p><p>Chapter Three - 'Refusal to Issue' Appeals</p><p>Chapter Four - Special Educational Needs and 'Section B' Appeals</p><p>Chapter Five - Special Educational Provision and 'Section F' Appeals</p><p>Chapter Six - 'Section I' Appeals</p><p>Chapter Seven - Education Otherwise Than at School ('EOTAS')</p><p>Chapter Eight - Ceasing to Maintain EHC Plans and 'Ceasing to Maintain' Appeals</p><p>Chapter Nine - Health and Social Care Needs and Provision and 'Extended Appeals'</p><p>Chapter Ten - The First-Tier Tribunal in Special Educational Needs Cases - Practice and Procedure</p><p>Chapter Eleven - Correcting Setting Aside Reviewing and Appealing First-Tier Tribunal Decisions</p>