Challenging decisions
Complain about a decision
Most disagreements about Special Educational Needs (SEN) provision and/or SEN Support can be sorted out by talking to the school or setting, professionals who work with your child or to the Local Authority (LA).
The SEND Information, Advice and Support Service (SENDIASS) provides free impartial information and advice and can support you with all aspects of Special Educational Needs and/or Disabilities (SEND).
The Council for Disabled Children has created some Guidelines for parent carers looking for support with tribunals or disputes.
Reaching a decision
It is sometimes difficult to reach an agreement, so LAs must make arrangements for:
These services are available to children with SEND and their parents or carers. They are free, confidential and independent of the LA and Health.
Mediators work with everyone involved to try to sort the issue. These services are voluntary and independent, free and confidential, quick and informal.
Both parents and young people (over 16 years old) with SEND can use these services.
The following mediation services are available to those who have received an Education, Health and Care Plan (EHCP) decision letter. Details for getting started with disagreement resolution and mediation are enclosed with the decision letter.
Disagreement resolution
Disagreement resolution can help with issues about:
- how a school, setting or the LA are carrying out their duties
- what help a school or setting offers
- health or social care provision
Health or social care provision includes what is given:
- during an Education, Health and Care (EHC) Needs Assessment
- during a re-assessment
- once the EHCP is in place
This service can be used if your child doesn’t have an EHCP.
Mediation
Mediation is for when you have concerns about an EHCP.
You can use it when there has been a decision:
- not to carry out an EHC Needs Assessment
- not to carry out an EHC Needs Re-assessment
- not to issue an EHCP after an assessment
- not to amend an EHCP after an annual review or re-assessment
- to cease to maintain an EHCP
Mediation also helps with issues around:
- the parts of the EHCP that describe your child’s SEN
- the provision set out in the EHCP
Mediation takes place within 30 days and at a time and place that works for you.
Appealing to the SEND Tribunal
You can also register an appeal about anything relating to EHCPs. These appeals go to the First-tier Tribunal.
This is an independent, first-tier tribunal.
You have 2 months from a decision to register an appeal.
You must contact a mediator before registering an appeal. They will provide information about mediation. You can choose whether you wish to use mediation or not.
The appeal is about you not being happy:
- with the name of the school or setting on the EHCP
- with the type of school or setting
- that no school or other institution is named
- with the health and social care elements of the EHCP
Single Route of Redress - SEND Tribunal Extended Powers
Summary
The Government has widened the powers of the Special Educational Needs and Disabilities (SEND) Tribunal to include health and social care.
These powers give the right to ask for these changes in an Education, Health and Care Plan (EHCP), as well as the educational provision. This gives the chance to raise all your concerns about an EHCP in one place.
It is only possible for health and/or social care to be looked at when you are appealing about the education parts of the EHCP.
Single Route of Redress - SEND Tribunal Extended Powers [PDF, 384KB]