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LITTLE NELLIES

What evidence do you need for an EHCP appeal?

Useful EHCP appeal evidence answers the legal question in dispute. For refusal to assess, explain why the child or young person has or may have SEN and why provision through a plan may be necessary. For refusal to issue, explain why a plan is necessary after assessment. For a contents appeal, connect the disputed need, provision or placement to the change requested. These are England’s EHCP routes.

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Start with the question you need to answer

Useful EHCP appeal evidence answers the legal question in dispute. For refusal to assess, explain why the child or young person has or may have SEN and why provision through a plan may be necessary. For refusal to issue, explain why a plan is necessary after assessment. For a contents appeal, connect the disputed need, provision or placement to the change requested. These are England’s EHCP routes.

Bring the evidence together

Gather the decision letter, final plan where relevant, assessment advice, education records, the child or young person’s views and dated family observations. Make a short index: disputed issue, requested change, evidence, page and remaining gap. Include typical days and support that works. Follow tribunal directions for evidence and bundles. A private report is optional and should answer a material gap; obtaining one does not extend the appeal deadline.

Primary sources and official guidance

SEND Code of Practice: 0 to 25 years

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