Q:
Hi, My name is laura and I have a child in year 2 who has just got an ehcp but there are a couple of things I need to appeal against. How do I go about this? I need to appeal the banding and the fact that they were meant to include OT in the report but it’s not included.
A: SenseCheck
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- 24 Jun 2023
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Yes
Simple
Good evening Laura,
The process of appealing to the First-tier Tribunal (FtT) is explained in chapter 12 of the Noddy Guide. A copy can be found here:
Can I download the Noddy 'No-nonsense' Guide as a pdf
In summary, in your case, you must first consider mediation. Therefore, the mediation firm mentioned in the letter accompanying the EHCp form you received should be contacted within 2 months from the date of the letter. You can choose to participate in mediation or not. In either case, you will receive a certificate, and then you have 30 days to pursue an appeal. You must be careful to act within the relevant timescales.
When appealing, you will need to complete a SEND35 form. You can find a copy of this form here:
Regarding the issue of 'bands', these are essentially internal arrangements within the LA. What is important is the need to be specific, provide details, and qualify the special educational provision in section F. Therefore, 'bands' cannot be used instead of specifying, for example, the number of hours per week of therapy-related provision your daughter needs. See more information here:
08.19 Is it permitted to mention funding bands into section F and, if so, does that change the other requirements for section F?
Finally, please note that the Tribunal should be persuaded by evidence-based arguments. Therefore, any amendments you propose to your daughter's EHCp should be supported by relevant evidence.
Best wishes,
Sean
Sean Kennedy
Talem Law
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