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Education, Health, Care Plans

Appealing decisions, concerns and complaints

We always seeks to apply a solution focused approach to help secure the most appropriate provision and support for every child. We work within the framework as set out in the SEND Code of Practice, which provides structure to our problem solving. We recognise that every case is different and by utilising our team's experience and expertise, in partnership with families and our partners, we are able to problem solve the most tricky and challenging cases. This can include a multi-professionals meeting, options appraisal and opening up negotiation with providers, schools and placements. 

Right to Appeal to the First Tier Tribunal

If it has not been possible to reach an agreement with the Local Authority over the assessment for, or the provision of, or educational content of an Education, Health and Care (EHC) Plan, you have the right to appeal to SENDIST.

SENDIST is an independent first-tier tribunal who hear and decide parents or young people's appeals against the decisions of the Local Authority in relation to Special Educational Needs.

You cannot appeal to SENDIST against the health or social care parts of an EHC Plan. These sections can be raised through the usual NHS and Social Care complaint processes. You can feedback via the 'smiley faces' buttons on the top right of each page for further information.  You can also contact the Infomation, Advice and Support Service for advice about how to address these matters with the relevant agencies.

The Local Authority will advise you in writing that you have this right of appeal when a request for an EHC Plan is turned down and when a final EHC Plan is issued.

Mediation advice

In order to register an appeal, you must first contact an independent Mediation Adviser and obtain a certificate to prove that you have considered mediation.

The Mediation Adviser will provide you with factual information about mediation. You do not have to have mediation advice if your appeal is only about Placement or if it is a disability discrimination claim.

Global Mediation’s Mediation Adviser can be contacted on 0800 064 4488. This service is free of charge and your conversation is confidential.

Once you have received mediation advice 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 want to try mediation, our SEN Case Manager will make all the arrangements for you.  Mediation is also available for the Health and Social Care parts of an EHC Plan not only the Education parts.

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

Disagreement resolution arrangements

Mediation aims to help resolve disagreements for children and young people that are being assessed for or have an EHC Plan.

Disagreement resolution arrangements are available for parents of and all children and young people with Special Educational Needs, 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 neutral third party, a mediator, to help you reach a resolution that is mutually satisfactory.

You can contact Global Mediation’s SEN Case Manager on 0800 064 4488. This service is free of charge and your conversation is confidential.

Contacting the Children and Young People Disability Service Team for updates and clarification

You can find contact details for SEND Team members here or ask your coordinator:

 

Children and Young People Disability Service (CYPDS) Team 

Disagreement resolution - independent support and advice

All parents, carers and young people have access to free independent support and advice through the local Information, Advice and Support Service.

Information, Advice and Support Service RBWM

Other organisations may also be able to offer helpful support.

IPSEA - for on-line or telephone advice 

Global Mediation

 

Concerns or a disagreements with decisions made during or as a result of the EHCP process

If you do not agree with decisions Achieving for Children have made during the EHCP process, there are statutory mediation and appeal processes that can be followed.

Find out more on this page (Single Route of Redress)