If you disagree with our decision about an Education Health and Care Plan (EHCP), including -
- decisions not to carry out an EHC needs assessment
- decisions not to issue an EHC plan
- in relation to a final EHC plan is issued
- decisions not to amend an EHC plan
- decisions to cease an EHC plan
you can look to address your disagreement through many routes.
Disagreement Resolution Services (DRS)
Every local authority must commission an independent disagreement resolution service (DRS). This plan must be available to parents and also young people.
The service is available to support all children and young people with Special Educational Needs (SEN). It is not only for those progressing through the EHC assessment process or who have an EHC plan.
The process is informal and acts to enable meaningful discussions to take place. The facilitator of a DRS meeting is an expert in disagreement resolution. They are completely independent from everyone involved.
The facilitator will understand SEN processes, procedures and law. This enables them to guide discussions. They do not take part in any decision-making.
Parents can find out about disagreement resolution services in the letters sent to them after each process.
Mediation
Every local authority 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 need to contact an independent mediation adviser. They must discuss whether mediation might be a suitable way of resolving a disagreement. This is unless the disagreement is about placement only.
After seeking mediation advice, the decision about whether to follow the mediation route is up to the parents or young person. After receiving mediation advice, a parent or young person can choose to take part in mediation. The local authority must then make sure a mediation meeting takes place. This must be within 30 days of being informed by the independent mediation service.
Parents can find out about mediation in the letters sent to them after each process.
First-tier Tribunal
Specific decisions relating to EHC needs assessments, specific aspects of the content of final EHC plans, or the decision to cease an EHC plan 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. It hears parents’ and young people’s appeals against local authority decisions about the special educational needs of children and young people.
To register an appeal, you should contact the mediation service as soon as possible.
You can contact -
HM Courts and Tribunals Service
Special Educational Needs and Disability Tribunal
Floor 1, Darlington Magistrates’ Court
Parkgate
Darlington
DL1 1RU
Telephone - 01325 289 350
General email - send@justice.gov.uk
Website - www.justice.gov.uk/tribunals/send
Extended Appeals
The government have extended the powers of the First-tier Tribunal (SEND). This is to make non-binding recommendations about the health and social care aspects of Education, Health and Care (EHC) plans.
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 EHC plans when making a SEND appeal. This is in addition to the educational aspects. This gives you the opportunity to raise all your concerns about an EHC plan in one place.
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 EHC plan, follow the normal process for bringing an appeal to the Tribunal. Tick the box on the form relating to a health or social care appeal. Advice on making SEND appeals to the Tribunal is available from GOV.UK.