You have the right to appeal against your Local Authority, if you disagree with their decision
The Children and Families Act 2014 (Section 51)
The legal breakdown of your rights over your Education, Health, and Care Plan (EHCP) when it transitions from your parents to you at the age of 16.
Up until now, your parents or carers have been the ones signing the papers and making the final calls. But Section 51 changes the game: it gives you the right to fight back if the Council makes a decision about your life that you don't agree with.
Section 51 of the Children and Families Act 2014 is your legal right to take the Local Authority to a Tribunal, where you can say ‘I disagree and I want an independent judge to decide’. You can go to a tribunal if your council:
Refuses to carry out an EHC needs assessment.
Refuses to issue an EHC plan after an assessment.
Refuses to change (re-assess) your plan.
Decides to stop your EHC plan (cease to maintain)
names a school/college in your plan that you didn't agree to
So, if a Council officer tells you NO in a meeting or over the phone, that isn't a final legal rejection. Use your Power Phrase:
I am not happy to accept this decision. Under Section 51 of the Children and Families Act 2014, I am exercising my right to appeal to the First-tier Tribunal. Please could you provide the mediation information and the formal decision letter required to register my appeal.
Why this phrase is so effective:
The Council cannot stop you from appealing, but they sometimes forget to send the formal letter that starts the clock and this phrase forces them to give you the document you need to go to court.
For further information:
The young person’s guide to the Children and Families Act 2014