Two-thirds of EHCP requests are refused at the first attempt. Ninety-eight percent of tribunal appeals succeed.
Sit with that for a moment.
The system is not broken by accident. It has been shaped — whether by design or by accumulated precedent — in a way that heavily favours families who know how to navigate it, can afford to fight it, or happen to find the right advice at the right time. Everyone else absorbs the refusal and moves on, often believing the decision is final.
It isn’t.
What the EHCP process is supposed to look like
The Education, Health and Care Plan process is governed by the Children and Families Act 2014 and the SEND Code of Practice. In theory, it’s a joined-up, needs-led process: your local authority assesses your child, identifies their needs, and creates a legally binding plan setting out the support they must receive.
In practice, local authorities are under enormous financial pressure. EHCPs cost money to implement. And the system — whether intentionally or not — is structured in a way that makes it easier to say no than yes.
The numbers that matter
- 2 in 3 initial EHCP requests are refused
- 98% of tribunal appeals result in a decision in favour of the family
- The average wait for a tribunal hearing: months of additional delay on top of an already stretched process
- Families who appeal: a small fraction of those who were refused
That last point matters most. The vast majority of families who receive a refusal don’t appeal. Not because their child doesn’t need an EHCP — but because they don’t know they can, don’t know how, can’t face it, or have already been exhausted by the process.
What this means in practice
The system doesn’t just disadvantage families who lack resources. It disadvantages families who are already overwhelmed — which, almost by definition, is most SEND families.
You are fighting for your child while managing their day-to-day needs, often with very little sleep, often while masking your own neurodivergence, often while also holding down work and everything else life requires.
And you’re being asked to navigate a process that was designed by lawyers, implemented by overstretched local authority teams, and adjudicated by a tribunal system that only a fraction of families even reach.
What you can actually do
1. Know that a refusal is not the end. A refusal at the request stage means you can appeal to the SEND Tribunal (also called the First-tier Tribunal). The deadline is usually within 2 months of the decision.
2. Get independent advice early. IPSEA (Independent Provider of Special Education Advice) offers free legal advice to families navigating the SEND system. They are one of the most important organisations you may not have heard of. SENDIASS (Special Educational Needs and Disabilities Information, Advice and Support Service) is another — available in every local authority area, and free.
3. Document everything. Keep every letter, every email, every assessment report. The paper trail matters enormously if you reach tribunal — or even if you need to push back before you get there.
4. Know the timescales. Local authorities have legal deadlines at every stage of the EHCP process. Many families don’t know these exist — or don’t know they can challenge delays. They can, and it matters.
5. You don’t have to do this alone. Parent-led groups, charities, and — increasingly — communities of families who’ve been through it can be an enormous source of support. The knowledge that exists within those networks is extraordinary.
The SEND system is hard. It’s hard because it was built on assumptions that don’t hold for most of the families it’s supposed to serve. But it can be navigated — and knowing how the game is set up is the first step to playing it better.
More detailed guides to the EHCP process, timescales, and tribunal preparation are coming. If you want to know when they’re live, sign up to the newsletter.