When receiving an amended EHCP from the local authority (LA), must a child or young person receive a letter confirming their right to appeal to the First-tier Tribunal (FtT)?
When receiving an amended EHCP, is it acceptable for a local authority to send an accompanying letter with the newly issued plan, emphasising their willingness to work together to resolve any disputes but no other information? While this may be welcomed, is this what the legal framework requires?
A: SenseCheck
- 0 Yes
- 1 No
- 0 Other
- 17 Mar 2025
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No
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Simple
No. While it is highly preferable to be in a local authority that is willing to work towards resolving disputes—as many are—this type of letter would not be lawful.
r.22(5) SEND Regs states that when issuing a newly amended EHC plan, the local authority must inform parents or young persons of their appeal rights, applicable time limits, mediation details, disagreement resolution services, available local SEN advice, and the First-tier Tribunal’s power to make recommendations under the Special Educational Needs and Disability (First-tier Tribunal Recommendations Power) Regulations 2017.
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Comment