Disagree with a decision
If you disagree with a decision made by the local authority, with regards to either the Education, Health and Care Needs Assessment (EHCNA) process or the content or decision regarding an Education, Health and Care Plan (EHCP), you may be able to appeal.
There are several decisions that you can appeal:
- decisions not to carry out an EHCNA – known as the No to Assess decision
- decisions not to issue an EHCP following an EHCNA – known as the No to Issue decision
- the content of an EHCP - specifically the Needs (Section B) and/or Provision (Section F)
- the health and/or social care elements of the EHCP
- the decisions not to amend an EHCP following an Annual Review
- the decision to cease an EHCP
- the placement named within the EHCP – Section I of the EHCP
- the decision not to conduct a reassessment for a child who already has 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:
- disagreement resolution services (DRS)
- mediation – through Collis Mediation: Mediation and Appeal Request
- first-tier Tribunal
- extended appeals
More information is available, including an easy to understand video that will enable you to make an informed decision of either participating in the mediation process or proceeding directly to the SEND First-tier Tribunal.
You can also seek information about 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).
All of your appeal rights are explained on letters issued by the local authority, where the letter accompanies an appealable decision. You can also contact the Statutory SEND Assessment and Review Team if you have any questions.