Appeals

Disability discrimination claims vs EHCP appeals: what's the difference?

How disability discrimination claims and EHCP appeals differ at the SEND Tribunal, and why they're not always kept entirely separate.

Published 2026-07-18 · Reviewed by George Calia, solicitor (SRA 436857) · Last reviewed 2026-07-19 · 2 min read

The SEND Tribunal hears two genuinely different types of case: EHCP-related appeals, and disability discrimination claims against schools or local authorities, under different legislation and a different process.

How do discrimination claims differ from EHCP appeals?

They follow their own rules and time limits, and generally don't require a mediation certificate first.

Are the two routes ever connected?

Sometimes. In MT v Governing Body of a School (SEN) [2026] UKUT 42 (AAC), the Upper Tribunal confirmed there is no strict jurisdictional divide between EHCP provision issues and a disability discrimination claim. A provision issue that could be dealt with through an EHC plan doesn't automatically fall outside a discrimination claim, and vice versa.

What's actually different in practice?

  1. The legal tests applied are different
  2. The evidence required is different
  3. The two routes are often, though not always, decided separately
  4. Compensation isn't typically available for a standard EHCP appeal, but can, in some circumstances, form part of a discrimination claim's outcome

Working out which route, or both, actually fits your situation is exactly the kind of question that's hard to untangle alone. SEND Assistant helps you understand which process applies to your circumstances. Try SEND Assistant free.

Frequently asked questions

Can I bring both types of claim at once?

In some circumstances, yes, though they're assessed under different legal tests.

Do I need a solicitor for a discrimination claim specifically?

Not as a legal requirement, though the legal tests involved are often more complex than a standard EHCP appeal.

Is there a time limit for discrimination claims?

Yes, generally different from EHCP appeal deadlines, check the specific time limit that applies to your claim.

Does a discrimination claim affect my EHC plan directly?

Not automatically, the two processes can run separately even when related.

Where do discrimination claims against schools get heard?

At the same Tribunal (formally the First-tier Tribunal: Special Educational Needs and Disability), under different rules.

This article is for general information only and does not constitute legal advice. Access to Justice is not a law firm and cannot represent you.

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