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If there is a problem

If you feel the wrong decision has been made or there is a problem with the process or your child’s provision. 

What you should do first

The first thing you should do is speak to your SEN officer about the problem, their name will be on any communication you have had from the SEN Service.

If you do not have this, contact SEN on 020 8583 2672

Speaking to your SEN officer should be able to resolve any problems you have.  

You can also talk to SENDIASS they offer a confidential support service providing impartial advice on all SEND issues and concerns and can support in sorting problems.

If you feel you are need to discuss with a senior case officer or the service manager please email sen@hounslow.gov.uk with the name and dob of your child and what you feel the issues are.  You should receive an acknowledgement within 2 working days and a response within 10days.

If having raised the service manager you feel you have not resolved the issues with the SEN team you have a number of options, depending on the issues involved

  • If the issues are regarding EHCP plans ask SEN to arrange a multi-agency meeting to discuss, SENDIASS can help with this.
  • Use Dispute resolution service
  • Request Mediation
  • Appeal to Tribunal
  • SENDIASS help with all of the above, they can help with informal dispute resolution

If the problem is related to your child and is not listed above:

If you think a provider has discriminated against a child and young person in regards to their disability and you are not satisfied with the providers response then you may be able to complain directly to the SEND Tribunal.

www.gov.uk/complain-about-school/disability-discrimination

If you have a problem with the provision of health services you should approach the service provider at first.  If that doesn’t help then the majority of health services

Speech and Language,

Physiotherapy,

Occupational Therapy,

Community nursing services,

Paediatric services

re provided by Hounslow & Richmond Community Health Services you can contact them by phone  on 0800 953 0363 /email pals.hrch@nhs.net

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 these can usually be found on their website.

Disagreement resolution service

You can solve problems by bringing together all relevant parties,  disagreement resolution services can be used where there is no EHC plan and parents, carers or young people cannot get agreement with the local authority

If there is a disagreement regarding;

  • Between parents or young people and Early Years providers, schools or post-16 institution about the Special Education provision made for a child or young person
  • Parents, young people and local authority, the governing body or schools, nursery, early year provider FE institutions or the proprietor of academies about how they are carrying out their duties, whether they have EHC plans or not
  • Disagreement between parents or young people about health or social care provision during EHC needs assessment, while EHC plans are being drawn up, reviewed or be children or young people are being reassessed.

By law disagreement resolution services must be independent.  Hounslow council have commissioned this service from KIDS.  

KIDS SEND (Special Educational Needs and Disability) Mediation service is an independent mediation and disagreement resolution service, which is free of charge for parents/carers and young people. 

www.kids.org.uk/mediation-info

If disagreement resolution service does not meet your needs then you can follow the tribunal process for some issues or for issues which are not covered through the tribunal process you can use the Hounslow complaints procedure.  

Mediation & Tribunal process

The first stage in the process is to undertake mediation.  This is organised by KIDS SEND (Special Educational Needs and Disability) Mediation service is an independent mediation and disagreement resolution service, which is free of charge for parents/carers and young people. 

You can apply for mediation if the council decides: 

  • not to carry out an EHC assessment 
  • not to draw up an EHC plan 
  • not to amend an EHC plan 
  • to cease to maintain an EHC plan 

Read all about mediation online at kids.org 

KIDS SEND (Special Educational Needs and Disability) Mediation service is an independent mediation and disagreement resolution service, which is free of charge for parents/carers and young people. 

You need to get mediation certificate from www.kids.org.uk before your tribunal appeal can be registered.

Telephone  020 7359 3635 
Websitewww.kids.org.uk 

You may also request mediation about the health or social care parts of an EHCP even if you do not wish to appeal or mediate about the education content of the EHCP. Contact the SEN Team and they will request representatives of the agencies responsible to arrange for the mediation to take place.

SEN and disability tribunal  

An appeal can be submitted if you disagree with: 

  • decision not to carry out a statutory assessment or re-assessment 
  • 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,  
  • the SEN provision specified in the plan 
  • the educational placement named in the plan 
  • 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 2 months of the date on the local authority’s decision letter or a month from the date of the mediation certificate - whichever is later.

If the appeal is solely about the name of the educational placement you do not have to contact the mediation service prior to registering your appeal.

From the 3rd April 2018 you may appeal to the SEND Tribunal about the health and/or social care content of an EHCP if you are also appealing about certain aspects of SEN content. 

There is no right of appeal just about the health and social care sections.

The telephone number for the tribunal service is;

Telephone 01325 289350 

Online information about when you can appeal about an EHC plan decision from GOV.uk 

information about special education needs tribunal on GOV.uk 

Complaints which are not covered through the tribunal process should be submitted in accordance with the Hounslow complaints procedure.