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Education, Health and Care Plan Appeal

A fictional parent’s careful appeal concerning an English local authority refusal, following assessment, to issue an EHC plan for a child with identified special educational needs.

Jurisdiction: England and Wales - completed fictional worked example

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Important: This sample provides general legal information only and is not legal advice. Check the law, prescribed forms and signing requirements that apply to your exact jurisdiction and circumstances before use.

# EDUCATION, HEALTH AND CARE PLAN APPEAL

Date: 3 February 2025

Parties: Appellant: Helen Roberts, parent of Noah Roberts (DOB 3 September 2016), 7 Elm Rise, Derby DE1 5QP. Respondent: Derby City Council, SEND Team.

## 1. Decision appealed

I appeal the council's refusal to issue an EHC plan, decision letter dated 6 January 2025, reference SEND-24-1182. The mediation information and certificate dated 28 January 2025 are enclosed. This appeal concerns Noah's educational provision; a diagnosis of autism and ADHD is evidence, not a conclusion that he lacks capacity.

## 2. Needs and chronology

Noah has speech, sensory and attention needs recorded by school. Despite SEN Support from September 2023, his attendance fell to 82% in autumn 2024, he often cannot follow whole-class instructions, and he requires adult prompting to begin and complete written work. The statutory assessment requested by the school SENCO on 12 November 2024 was completed before the council made its refusal decision.

## 3. Grounds and evidence

Following the completed statutory assessment, I ask the Tribunal to consider whether it is necessary for special educational provision to be made for Noah in accordance with an EHC plan, applying the current statutory framework rather than treating diagnosis as determinative. Enclosed are the educational psychologist report of 10 December 2024, speech and language report of 17 December, SENCO evidence and attendance record.

## 4. Outcome sought

I ask for an order that the council issue an EHC plan, with Section B describing communication, sensory and attention needs and Section F specifying quantified speech-and-language input, visual instructions, a quiet assessment space and daily adult support. I do not ask the Tribunal to predetermine a school placement; placement views can be addressed through the current appeal process.

## 5. Procedure and declaration

I will use the current SEND Tribunal form and rules, and verify the applicable deadline (normally linked to the decision and mediation documents) before filing; this letter itself does not commence an appeal. I will provide updated evidence if requested and protect Noah's personal data. Helen Roberts, parent and appellant.

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