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• 28 Feb 2025

• Yes

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  When a section of an Education, Health and Care (EHC) plan is challenged through an appeal to the First-tier Tribunal (FtT), parents or the young person can propose amendments to ensure the section is accurate. 

  Please note that while the contents of Section B can be appealed directly, Section E cannot. However, the Tribunal has the authority to make consequential amendments to an EHC plan under appeal, which may include changes to Section E.

  08.01 Does “provision” set out in an EHCP (section F) have to link to the “outcomes” set out in section E

  Concerns about the content can be expressed in general terms when submitting the appeal, with specific amendments identified later in the working document. Any proposed changes should be supported by relevant evidence submitted as part of the appeal. 

  Amendments to the outcomes in Section E may be proposed in the working document. However, their consideration will be at the discretion of the Tribunal Panel. 

  If the local authority (LA) does not accept the proposed amendments to the educational sections of the plan, the Tribunal Panel will decide which, if any, changes should be made and will issue an order for the EHC plan to be amended accordingly.

  For the sake of completeness, it is important to note that even when both parties have agreed to amendments, the Tribunal Panel should not simply approve them without consideration. The panel has the authority to reject the amendments if deemed necessary, although this is not typically the case.

  12.06 Does the FTT just decide who is correct? 

  As part of the appeal process, it is entirely appropriate for parents or the young person to briefly mention in their grounds of appeal that amendments were requested during the last review process but were not accepted by the local authority.

   

  

  Sean Kennedy
  Talem Law

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