If you feel the wrong decision has been made about a child’s needs, you can make your voice heard.
What you should do first
The first thing you should do is speak to your SEN officer about the problem.
Speaking to your SEN officer should be able to resolve any problems you have.
It’s in everyone’s interests the young person is supported in the best way.
If speaking to your SEN officer doesn’t solve the problem, there are other ways you can challenge a decision.
You can also talk to SENDIASS they offer a confidential support service providing advice on all SEND issues and concerns.
You can solve problems by bringing together all relevant parties.
It’s an informal way you can discuss the problem with others to find a solution.
Telephone 020 8583 2672
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
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 appeal can be registered.
Telephone 020 7359 3635
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.
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. This is part of a 2 year national trial. Full information can be found in the downloads section.
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
Complaints which are not covered through the tribunal process should be submitted in accordance with the Hounslow complaints procedure.