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 EHC officer about the problem, their name will be on any communication you have had from the SEN.
If you do not have this, contact SEN on 020 8583 2672
Speaking to your EHC 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 the issues are regarding EHCP plans ask SEN to arrange a multi-agency meeting to discuss, SENDIASS can help with this.
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 Date of birth (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 service you have a number of options, depending on the issues involved.
Use a Dispute resolution service
- Request Mediation
- Appeal to Tribunal
- SENDIASS help with all of the above, they can also 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 in Hounslow including:
Speech and Language, Physiotherapy, Occupational Therapy, Community nursing services, Paediatric services are 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.
Mediation advice
If it has not been possible to reach an agreement with the London Borough of Hounslow over the assessment process or the provision of or content of an EHC Plan, you have the right to appeal to SENDIST. 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 special educational needs.
In order to register an appeal you must first contact an independent Mediation Adviser to find out about mediation, and obtain a certificate to prove that you have done so.
The Mediation Adviser will provide you with factual information about mediation.
You do not have to obtain information about mediation or a mediation certificate if your appeal is only about placement, the health and social care elements of an EHC Plan or if it is a disability discrimination claim.
There is no right of appeal just about the health and social care sections.
Once you have received information about mediation it is up to you to decide whether you want to go to mediation before any appeal you might make to the Tribunal.
If you do not want to try mediation, the Mediation Adviser will issue you with a certificate so that you can register your appeal.
If you do want to try mediation, the case management team at Global Mediation will make all the arrangements for you, and the mediation is free of charge for you.
Your right to appeal is not affected if you do not have mediation first and no inference will be drawn by the Tribunal if you have not used the mediation services.
Mediation and disagreement resolution arrangements
Mediation aims to help resolve disagreements for children and young people that are being assessed for or have an EHC Plan.
Whilst disagreement resolution arrangements are available for parents of and all children and young people with SEND, not just those who are being assessed for, or have, an EHC Plan, where it has not been possible to resolve those issues though the normal routes such as a school or college complaints process.
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.
Contact Global Mediation’s SEND Case Manager by telephone: 0800 064 4488 or email:
SEN@globalmediation.co.uk.
This service is free of charge and your conversation is confidential.
Website
www.globalmediation.co.uk/service/special-educational-needs-disability/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 first tier tribunal on GOV.uk
Complaints which are not covered through the tribunal process should be submitted in accordance with the Hounslow Council complaints procedure.