Mediations & Appeals

The first thing you should do is contact the EHC Team and speak to your EHC Case Officer about the problem. Speaking to your EHC Case Officer may be able to resolve any problems you have. You can also talk to SENDIASS as they offer a confidential support service providing impartial advice on all SEND issues and concerns and can help in sorting some problems. If the issues are regarding EHC Plans, ask the EHC Team to arrange a multi-agency meeting to discuss the issues, SENDIASS can help with this.

Click here to learn more about what SENDIASS does

• Use a Dispute Resolution Service
• Request Mediation
• Appeal to the SEND Tribunal

• Speech and Language,
  
• Physiotherapy,
  
• Occupational Therapy,
  
• Community Nursing services,
  
• Paediatric services.

If the problem is with services provided by CAMHS, then you can contact them on 020 8483 2050. 

If you have a problem with the support being provided by your Child’s Early Years provider, school or college then you should raise issues directly with them. All education providers must have a complaints policy and procedure and these can usually be found on their website.

• Telephone: 0800 064 4488
• Email: Click here to Email Global Mediation.

Both Mediation and Disagreement Resolution meetings aim to resolve your disagreements in a quick, informal way using a trained, neutral third party, a mediator, to help you reach a resolution that is mutually satisfactory.

Mediation aims to help resolve disagreements for Children and Young People that are being assessed for, or have, an EHCP. In order to make an appeal to SENDIST, you must first consider Mediation. Once you have contacted the Mediation Service, and had a mediation meeting if you choose to, you will be issued a Mediation Certificate that can be used to make an appeal to SENDIST.

Disagreement Resolution arrangements are available for both Parent Carers of Children with, and Young People with, SEND. It is not just for those who are being assessed for, or have, an EHCP. It can be used in situations where it has not been possible to resolve those issues though the normal routes such as a school or college complaints process. Disagreement Resolution meetings will not provide you a Mediation Certificate that can be used to make an appeal to SENDIST.

It is important to note that if you fail to contact the Mediation Service within two calendar months of the date on the LA decision letter you receive, you will not usually be able to partake in Mediation or make an appeal to SENDIST. In this situation, you will only be able to request a Disagreement Resolution meeting.

The SEND Tribunal (SENDIST) is an independent First-Tier Tribunal who hear and decide Parents or Young Peoples’ appeals against the decisions of the Local Authority in relation to SEND matters.

Once you have considered Mediation, where appropriate, you can submit an appeal to the Tribunal Service if you disagree with:

• The decision not to carry out a statutory assessment or re-assessment
• The decision not to issue an EHC Plan following a statutory assessment
• The description of the Child or Young Person’s the special educational needs in the Plan (Section B)
• The SEN provision specified in the plan (Section F)
• The educational placement named in the plan (Section I)
• A decision not to amend an EHC Plan following assessment or re-assessment
• A decision to cease to maintain an EHC Plan.

The Tribunal must receive your appeal within two calendar months of the date on the LA’s decision letter or one calendar month from the date of the Mediation Certificate - whichever is later. If the appeal is solely about the name of the educational placement (Section I) you do not have to contact the Mediation Service prior to registering your appeal.

You may appeal to SENDIST about the health and/or social care content of an EHCP if you are also appealing about certain aspects of SEN Provision. This is called an Extended Appeal. There is no right of appeal just about the health and social care sections alone.

Complaints which are not covered through the Tribunal process should be submitted in accordance with the Hounslow Council Complaints Procedure.

You can contact SENDIST via:

• Telephone: 01325 289350
• Email: Click here to Email SENDIST.

Or write to the Tribunal at: 
First-Tier Tribunal Special Educational Needs and Disability
1st Floor, Darlington Magistrates Court
Parkgate
Darlington DL1 1RU

Click here to learn more about SENDIST.

Click here to learn more about when you can appeal.

Advocacy
At appeal, you may have someone represent you. They will take over the responsibility of working with the Local Authority during the appeals process, with your oversight. They will put your case forward at a hearing and work on your behalf. 

Click here to learn more about local Advocacy services.

How to appeal - SEND37 

Appeal Form: Against an EHC Plan - SEND35

Appeal Form: Refusal to Secure an EHC Needs Assessment - SEND35a