Disagreements, Mediation, Tribunals & Appeals

Reviewd January 2024

Disagreements

If you are unhappy with the SEN Panel’s decision, you may wish to discuss the matter further with the SENCo at your child's school. You can also contact the SEN team on 0118 937 2674.  If we are unable to resolve your concerns, you may wish to contact Reading Information, Advice & Support Service for SEN (formerly The Parent Partnership Service), which is a service that all authorities are legally required to provide for parents and carers who have a child with special educational needs, with or without a EHCP. Although part of Brighter Futures for ChildrenReading Information, Advice & Support Service for SEN offers impartial advice and support. Thet can be contacted on 0118 937 3421 or email: iass@brighterfuturesforchildren.org   Reading IASS

What does this mean for parents and young people?

What does this mean for parents and young people?

If you are unhappy with a decision not to issue an EHC plan, or with the special educational content or placement in the plan, you can make an appeal to the SEND Tribunal.  You are also able to request recommendations about the health and social care content of the plan at the same time, provided there is also an education element. This will mean the Tribunal will take a more holistic, person-centred view of the needs of the child or young person. 

This does not prevent you also complaining about other aspects of your disagreement through other complaint procedures.  You should seek advice about the different routes available, including from your local Information Advice and Support Service (IASS).

If the SEND Tribunal makes a recommendation about health or social care elements of an EHC plan, this is non-binding. The local authority and/or health commissioner is generally expected to follow such recommendations, but they are not legally binding. Where they are not followed, the reasons for not following them must be explained and set-out in writing to you and to the Department for Education through the evaluators. If they are not followed, you can complain to the Local Government and Social Care Ombudsman (LGSCO) or Parliamentary and Health Service Ombudsman (PHSO) or seek to have the decision judicially reviewed. Further information on the roles of these bodies can be found on their websites.

When can a parent or young person request recommendations about the health and social care elements of an EHC plan?

When can a parent or young person request recommendations about the health and social care elements of an EHC plan?

You can request the Tribunal makes recommendations about the health and/or social care aspects of EHC plans as part of an appeal relating to:

  • the description of the child/young person’s special educational needs in an EHC plan 
  • the special educational provision specified in an EHC plan
  • the school or other educational institution named in an EHC plan
  • a decision by the local authority not to issue an EHC plan
  • a decision by the local authority not to carry out a re-assessment for a child/young person who has an EHC plan
  • a decision by the local authority not to amend an EHC plan following a review or re-assessment 
  • a decision by the local authority to cease to maintain an EHC plan 
What does this mean for local areas?

What does this mean for local areas?

The SEND Tribunal extended powers places responsibility on local authority SEND teams to:

  1. Inform parents and young people of their new rights through decision letters and the local offer
  2. Provide evidence to the Tribunal from the health and social care bodies in response to any issues raised within the timeframe set by the Tribunal, seeking permission to bring additional witnesses to the hearing as necessary

It also places responsibility on health and social care commissioners to:

  1. Respond to any request for information and evidence within the timeframe set by the Tribunal
  2. Send a witness to attend the hearing as required
  3. Respond to the parent/young person and the LA SEND team within 5 weeks of a recommendation being made, setting out the steps they have decided to take or giving reasons why they are not going to follow the recommendation.
How can a parent or young person request a health or social care recommendation?

How can a parent or young person request a health or social care recommendation?

If you wish to appeal against a local authority decision on any of the grounds above and want to request that the Tribunal considers your concerns about the health and /or social care aspects of the EHC plan, you should follow the 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 and the appeal form is available on the GOV.UK website 

As a parent or young person, do I have to consider mediation?

As a parent or young person, do I have to consider mediation?

 

Before you can register an appeal with the Tribunal, you must contact a mediation adviser within two months of the LA decision you wish to appeal and consider whether mediation might be a way to resolve your disagreement with the LA. If you want to appeal only about the school or other institution named in the EHC plan you do not have to contact a mediation adviser.

 

You can go to mediation about the health and social care elements of an EHC plan, but this is not compulsory. You can request recommendations about health and social care issues without having to receive mediation advice or attend mediation about those issues, provided there is also an education issue about which you are appealing.

 

Once a mediation adviser has been contacted, or once you have taken part in mediation, you will be issued with a certificate.  This will be necessary if you are still unhappy and wish to progress to an appeal with the Tribunal. An appeal to the Tribunal must usually be made within two months of the decision about which the appeal is being made or one month following the issuing of the mediation certificate, whichever is the later. 

 

If mediation resolves the educational issues, you will not be able to appeal to the Tribunal on any health and/or social care aspects of the EHC plan.  However, mediation provides an opportunity for us to resolve disagreements and it can be completed more quickly than an appeal.  It does not affect your right to make an educational appeal, and some aspects of the disagreement can go to appeal even when other aspects are resolved.  

Mediation

This is a statutory service commissioned by local authorities which is designed to help settle disagreements between parents or young people and local authorities over EHC needs assessments and plans and which parents and young people can use before deciding whether to appeal to the First-Tier Tribunal about decisions on assessment or the special educational element of a plan. Mediation can cover any one or all three elements of an EHC plan and must be offered to the parent or young person when the final plan is issued, but they are not able to appeal to the Tribunal about the health and social care aspects of the plan.

You can also contact our regional - KIDS SEND Mediation: Resolving disagreements for children and young people with SEND

 

Help and further information

Help and further information

 

SEND Tribunal National Trial Page

Children and Young People Guide – Updated September 2021

A guide for young people aged 16 to 25 who want to know who to talk to if you they unhappy with the help they are getting for their special educational needs or disability at school or college.

You might also find this guide useful if you are an organisation supporting young people.

This guide has been jointly developed by the Department for Education and Mott MacDonald, with help from young people with a learning disability and organisations that support them.

Children and Young People Guide – Updated September 2021

Video hearings at the Special Educational Needs and Disability Tribunal

Her Majesty Courts & Tribunal Service has created this Youtube video to help explain the video hearing process at a tribunal - 

Related Advice

Education Health & Care Plans (EHCP) EHC Needs Assessment - Timeline - Reading Guide for Parents & Carers SEND - Support in school and further education

Page last reviewed: 19/02/2024

Contact the Team

Family Information Service

fis@reading.gov.uk 0118 937 3777 OPTION 2 0118 937 3777 OPTION 2

SEND Local Offer

localoffer@reading.gov.uk 0118 937 3777 OPTION 2 0118 937 3777 OPTION 2

Adult & Carers Support

CSAAdvice.Signposting@reading.gov.uk 0118 937 3747 0118 937 3747
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