Examples of evidence for Appeals

Type of Appeal: Refusal to assess 

Type of Evidence The evidence will provide:
Position StatementSee our guidance on this. Would show the background, what outcomes you want, express your feelings and wants and may include a timeline. As Refusal to Assess is on papers then this would include everything you want the Judge to know about the situation and your child, their needs and the provision you believe they need to meet those needs.
Diagnosis letter/ Paediatrician Reports Evidence of SEN or any recent changes to the child’s medical condition or diagnosis 
Provision Map / IEP / ISPShows support the school has been putting in place prior to the EHCNA request being made 
Exclusion letter or Behaviour Support Plan if applicable Showing behaviour displayed could be the result of unmet needs 
School progress report Shows progress made or not made with or without support (some positives or areas of development maybe evidence of lack of progress)
Team around the child/family (TAC / TAF)Background information 
Reports from professionals: Education psychologists (EP), Occupational Therapist (OT),  Speech and Language Therapist (SALT), Inclusion Team, Post 14 TeamDo these identify specific recommendations? 

Type of Appeal: Refusal to issue an EHCP 

Type of Evidence The evidence will provide:
All of the above    
Private EP report Details of needs and provision required that were not identified in EHCNA 
Private OT report As above  
SALT report As above  
Witness statement from school or any other professional involved in child’s lifeHow the school cannot provide what is included within the EHCNA outline without funding Timetable of support needed/ hours of support needed  Also, outlining any needs/provision required not identified in the EHCNA 
Voice of Child To capture the voice of the child (see our guidance on this)

Type of Appeal:  EHCP contents appeal – special vs mainstream appeal

Type of Evidence The evidence will provide:
All of the above  
Special school prospectus and Ofsted report Outlining the facilities and provision in place which would meet the need of the child  Maybe able to highlight difference between one school and another
Report or witness statement from mainstream school If applicable – outlining how a mainstream setting cannot meet need 
Transport cost If applicable – outlining difference in cost 
Fees if independent special school If applicable – outlining difference in cost 
If independent school – a letter showing that there is a place available Tribunal service will request this if not submitted – the form would be called Provision of Placement (POP).
Annual Review recommendations (if applicable) What is the outcome of the AR? Have the school been reviewing the EHCP adequately? Exhausted all options? Sought appropriate support of outside agencies? 

Type of Appeal: EHCP contents appeal (sections B and F)

Type of Evidence The evidence will provide:
All of the above  
Social care assessment or Child in Need report Applicable if National Trial 
Any medical reports or letters issued after the EHCNA Up to date information 
Any professional reports issued since the EHCP was issued or last amended Up to date information 
Witness statements or reports from setting or professionals  Do these identify specific recommendations?  The CYP’s needs? Have these all been included?