Challenging decisions

If you disagree with a decision about an Education, Health and Care Plan (EHCP), there are services that can help you resolve the issue.

These services are free, independent and confidential. They are available to parents, carers, children and young people with special educational needs and disabilities (SEND).

Getting help to resolve a disagreement

There are 2 ways to get support:

An independent mediator will work with everyone involved to try to reach an agreement.

Disagreement resolution

Disagreement resolution can help when there are concerns about:

how a school, education setting or the council is carrying out its duties
the support a school or setting provides
health provision
social care provision

This includes support provided:

during an Education, Health and Care Needs Assessment (EHCNA)
during a reassessment
after an EHCP has been issued

You can use this service even if your child does not have an EHCP.

Mediation

Mediation is available when you disagree with a decision about an EHCP.

You can request mediation if the council decides:

not to carry out an EHC Needs Assessment
not to carry out a reassessment
not to issue an EHCP following an assessment
not to amend an EHCP after an annual review or reassessment
to stop maintaining an EHCP

Mediation can also help if you disagree with:

the description of your child's special educational needs
the support described in the EHCP

Mediation meetings usually take place within 30 days and are arranged at a time and place that works for everyone involved.

Appealing to the SEND Tribunal

If you are unable to resolve the issue, you have the right to appeal to the First-tier Tribunal (Special Educational Needs and Disability).

You normally have 2 months from the date of the decision to register an appeal.

Before registering an appeal, you must contact a mediation adviser. They will explain the mediation process and your options. You do not have to take part in mediation before appealing.

Appeals can relate to

You may appeal if you disagree with:

the school or education setting named in the EHCP
the type of school or education setting named
a decision not to name a school or education setting
the health or social care elements of the EHCP

Get support

Information about disagreement resolution and mediation is included with EHCP decision letters.

You can also get independent advice and support through the Westmorland and Furness SEND Information, Advice and Support Service (SENDIASS).

Education, Health and Care Plans (EHCPs)