EHCP Tribunal Costs: Education, Health and Care Plan

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What is the Education, Health and Care Plan Tribunal?

The EHCP Tribunal handles appeals in respect of cases that involved a local authority or county council’s decision on special educational needs. These types of decisions can include refusals to assess a child’s needs, reassess their needs, issue a educational, health and care plan, change these plans or maintain the plans.

This Tribunal also deals with a council’s or school’s discrimination of children based on a disability. This Tribunal is a first-tier Tribunal and any decisions made by them can be appealed at the Upper Tribunal. Decisions are made tribunal Judges on the case involved.


EHCP Tribunal Costs

Applications for costs in relation to the Education, Health and Care Plan ECHP Tribunal can be made on appeal. An order for costs is likely to be awarded if one party is found to have acted unreasonably through the course of the case. This means that if the local authority or defending party has failed to respond in a timely manner to your issues, or has failed to comply with directions of the court, an order for costs may be made whereby they will be ordered to pay your costs incurred of bringing the claim forward.

It is worth noting that an order for costs can also be made against you if you do not conduct your case reasonably. To avoid an order for costs being made against you, ensure that you are responding in time, cooperating with the opposing party, dealing with directions set by the judge in time. Make sure you are always honest through your claim. 

It may be that you are eligible for legal aid for your Education, Health and Care Plan ECHP Tribunal claim. In this instance, you may be in a better position to seek legal advice as this will not be at a personal cost to you and may assist in making a stronger case.

When a costs order is made, the Tribunal Judge is likely to only allow for costs to be recovered from one party by another, but may not specify the amount to be paid.

This will mean that you will receive a bill from the receiving party or you may need to bill your opponent if your costs are awarded. In this instance, it may be worth seeking the assistance of a legal costs expert, such as ARC Costs, to advice you on the best way to recover your costs or advice on the law to assist with disputing unreasonable costs claimed if you are ordered to pay costs.


How Can ARC Costs Assist with EHCP Tribunal Costs?

ARC Costs are a team of Costs Draftsman and Costs Lawyers who specialise in different types of legal costs such as Education, Health and Care Plan EHCP Tribunal Costs. 

If you are the receiving party, we can assist in preparing a detailed and accurate Bill of Costs on the costs which you have incurred in bringing this claim. We can assist in negotiations and ensure the best possible recovery of your costs.

If you are the paying party and you receive a Bill of Costs which you deem to be unreasonable, we can assist in disputing this with legal arguments and also negotiating this bill down on your behalf.

Whichever side of the coin you fall on in relation to costs, contact us today to discuss your query further and obtain further guidance from an independent expert. You may contact us on 01204 397302 or email one of the team at

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01204 397302

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