Disagree with a decision
This guidance provides information on what you can do if you disagree with any local authority decision about an Education Health and Care plan (EHCP), including -
- decisions not to carry out an EHC Needs Assessment
- decisions not to draw up and issue an EHCP
- after a final EHCP is issued
- decisions not to amend an EHCP
- decisions to cease an EHCP
- if there is a disagreement about the education, health, and social care elements of an EHCP
If you find yourself disagreeing with the local authority about one of more of the above, you can look to address your disagreement through several routes as follows -
- Disagreement Resolution Services (DRS)
- Mediation
- First-tier Tribunal
- Extended Appeals
Information on each of these routes is detailed below. You can also seek information about SEND appeals by contacting the SEN and Disability Information Advice and Support Service (SENDIASS) provider.
SENDIASS is a free, confidential and impartial rights-based service that provides information, advice and support to families of children and young people with SEND (up to the age of 25).
SEN Mediation
Every LA must commission an independent mediation service that is available to parents and young people. Parents and young people who wish to make an appeal to the First-tier Tribunal are required to contact an independent mediation adviser (unless the disagreement is about placement only) and discuss whether mediation might be a suitable way of resolving a disagreement.
After seeking mediation advice, the decision about whether to follow the mediation route is up to the parents or young person.
If after receiving mediation advice, a parent or young person chooses to participate in mediation, the local authority must ensure that a mediation meeting takes place within 30 days of being informed by the independent mediation service.
If a parent or young person decides not to engage in a mediation meeting with the local authority they will be issued with a certificate, confirming that they have received advice and guidance. On receipt of the certificate a parent or young person can then proceed with their disagreement and register their wish to appeal to the First-tier Tribunal.
Hull residents can access independent mediation advice and guidance through Community Accord. On contact, Community Accord will provide some immediate information and arrange to call you back, to complete the full mediation advice call, which can take up to 30 minutes.
Contact details for Community Accord -
First-tier Tribunal (SEN and Disability)
Specific decisions relating to EHC Needs Assessments, specific aspects of the content of EHCPs, or the decision to cease an EHCP can be appealed by parents or young people through the First-tier Tribunal SEND.
First-tier Tribunal (Special Educational Needs and Disability) (also referred to as the “SEND Tribunal”), is an independent national tribunal which hears parents’ and young people’s appeals against the local authority's decisions about the special educational needs of children and young people.
Sections of an EHCP that can be appealed to the First-tier Tribunal are -
- Section B - details of the child/young person’s special educational needs
- Section F - details of the special educational provision
- Section I - details the name and type of the school or institution to be attended by the child or young person
To register an appeal to the First-tier Tribunal you will need to consider mediation and have been issued with a mediation certificate unless your disagreement is about section I (named placement) of the EHCP.
If you do not want to engage in mediation but wish to appeal to First-tier Tribunal you will have eight weeks to register an appeal from the date of the letter received from the local authority confirming their decision about -
- an EHC Needs Assessment
- an EHCP
- the issue of a final EHCP
If you have been to mediation and remain unhappy you will have one month from the date of the mediation certificate issued to register your appeal to the First tier Tribunal.
Further information about how to register an appeal to the First-tier Tribunal can be provided by the SEN and Disability Information, Advice and Support Service (SENDIASS).
To register an appeal you should contact Community Accord as soon as possible (details above)
Alternatively, you can contact -
HM Courts and Tribunals Service
Special Educational Needs and Disability Tribunal
1st Floor, Darlington Magistrates’ Court
Parkgate
Darlington
DL1 1RU
Telephone - 01325 289 350
General fax - 0870 739 4017
General email - send@justice.gov.uk
Website - www.justice.gov.uk/tribunals/send
Extended Appeals
The right to request non-binding recommendations about health and social care needs and associated provision detailed in the EHCP.
The Government have extended the powers of the First-tier Tribunal (SEND), to make non-binding recommendations about the health and social care aspects of EHCP.
Extended Appeals gives you the right to request recommendations from the First-tier Tribunal about the health and social care needs and provision specified in EHCP, in addition to the educational aspects, when making a SEND appeal. This gives you the opportunity to raise all your concerns about an EHC plan in one place.
It is only possible for the Tribunal to consider the health and social care aspects of the EHC plan where you are already making an appeal in relation to the education aspects of the EHCP(sections B, F, and I) and the education aspect must remain live throughout the appeal.
If you wish to appeal against a local authority decision on any of the grounds above and want to request that the First-tier Tribunal considers your concerns about the health and social care aspects of the EHCP, you should follow the normal process for bringing an appeal to the Tribunal and tick the box on the form relating to a health and/or social care appeal. Advice on making SEND appeals to the Tribunal is available.
Further information and advice
Further information about disagreement resolutions services, mediation and SEND First tier tribunal is available from:
The SEN and Disability Information, Advice and Support Service (SENDIASS)
KIDS
182 Chanterlands Avenue
Hull
HU5 4DJ