Contents
- Alternative Provision
- Annual Review
- Appeals & Mediation
- Attendance/Not in full time education
- Benefits
- Complaints
- Disability Discrimination
- Education other than in school/college
- Education, Health and Care Plans
- Elective Home Education (EHE)
- Exclusions
- Health
- How should the Local Authority help
- Neurodiversity
- Personal Budgets
- SEN Support in nurseries, schools and colleges
- Service Families
- Social Care
- Transport
- Year 6 Transition
- Young People’s Page
Appeals & Mediation
What can I appeal?
You can appeal to the SEND Tribunal if you are unhappy about any of the following decisions made by the LA:
- Not to carry out an EHC needs assessment,
- not to issue an EHC plan following an EHC needs assessment,
- the content of sections B, F and/or I of an EHC plan (you can appeal at the point when they are first written or changed),
- not to carry out a re-assessment of needs following a request to do so,
- not to amend an EHC plan following a re-assessment,
- not to amend an EHC plan following an annual review,
- to cease to maintain an EHC plan.
There are no fees for making an appeal and you may be eligible for legal aid to provide legal help in preparing your case.
The SEND Tribunal has the power to order LAs to carry out EHC needs assessments, issue EHC plans, and amend sections B, F and I of existing EHC plans. The LA must comply with orders made by the SEND Tribunal. If it is asked to do so, the SEND Tribunal can also make non-binding recommendations about health and social care.
For most appeals, you must make sure your appeal form is received by the SEND Tribunal within two months of the date on the LA’s decision letter or the letter enclosing the final EHC plan, or one month from the date you obtain a mediation certificate, whichever is the later.
Mediation is free. It is a more informal way of trying to settle the dispute, compared to an appeal.
You must consider mediation and obtain a mediation certificate before lodging an appeal in all situations except where your dispute with the LA only relates to placement (section I of the EHC Plan) or where you are bringing a disability discrimination claim.
Although you have to consider mediation and obtain a certificate, there is no duty to actually participate in mediation. However, taking part in mediation can help you to make the LA aware of information that may have been overlooked in their decision making, this can result in them making changes without the need for an appeal. Mediation can also help you to understand the reasons behind the LA’s decision.
The first step in considering mediation is to contact the mediation company and discuss your situation, for residents of Hampshire you will speak to Global Mediation:
Call 0208 441 1355 or email send@globalmediation.co.uk
Click here for the Global Mediation website.
Please click here for IPSEA’s comprehensive guide to lodging an appeal. This covers all types of appeals, what forms to use, what to expect after you’ve lodged etc.
While you wait…
It can sometimes be many months between an appeal being lodged and the hearing taking place. We strongly recommend that you keep working closely with the LA and school/education setting to try to resolve disagreements ahead of the hearing, and to ensure that your/your child’s needs are met in the interim.
Click here for a 15 minute video explaining how video hearings work for Special Educational Needs and Disability (SEND) tribunals, guiding you through how to prepare, what happens during the hearing, and how to behave.
It aims to help you feel more confident and informed about attending a tribunal remotely