EHC needs assessments and EHC plans
The appeals process, described as Disagreement Resolution and Mediation in the Code of Practice, will help if you wish to register an appeal to the Special Educational Needs and Disability Tribunal.
You have the right to appeal any decision made by the local authority in relation to EHC Needs Assessments and EHC Plans, such as a decision:
- not to carry out an EHC needs assessment or reassessment
- that it is not necessary to issue an EHC plan following an EHC needs assessment
- regarding the content of the plan (sections B and F) or the educational setting named in the Plan (section 1)
- not to amend an EHC Plan following the annual review or re-assessment
- regarding the content of the plan or educational setting named in the plan following the annual review or re-assessment
- to cease to maintain an EHC plan.
The local authority is always willing to provide a full explanation for decisions reached and discuss any issues or concerns you may have at any point in the EHCP planning process.
If you are unhappy with the decision made, we would like to work with you to find a way forward and wherever possible, we will try to resolve any disagreements by meeting and talking with you and, where appropriate, the young person prior to mediation and/or appeal.
To arrange a discussion in the first instance please contact your child’s Plan Co-ordinator and/or SENDAR to discuss your concerns. This can be done through booking a conversation using the link included in the decision letter sent to you, or alternatively calling the SENDAR business support team on 01926 742160.
Mediation
An independent mediation adviser can discuss with you whether mediation may help before considering an appeal.
If you wish to appeal, you will usually need to obtain a certificate to confirm you have considered mediation. You don’t need to consider mediation if your appeal is only about the name or type of school, college or other institution named on the EHC plan (section I).
Warwickshire has contracted an independent company to provide this mediation service for you (free of charge):
Prime Resolution
- Tel: 01952 303038 / 07582 548611
- Email: info@prime-send.co.uk
Post: Hugo Besterman
Prime Resolution
Meeting Point House
Southwater Square
Telford
TF3 4HS
Tribunal
You can appeal to the First-Tier Tribunal (SEND) if you disagree with the local authority's decision made about your child’s special educational needs in relation to an EHC needs assessment or an EHC plan. There are no fees for parents or young people to pay.
The SEND Tribunal has the power to order the local authority to carry out an EHC needs assessment, issue an EHC plan and/or amend an existing EHC plan.
It can also hear appeals and make non-binding recommendations about health and social care aspects of the EHC plan, provided those appeals also included education elements. Tribunal appeals which include health and/or social care aspects are known as ‘extended appeals’. This gives you the opportunity to raise any concerns you have regarding decisions made about health or social care aspects of the EHC plan at the same time.
It is only possible for the SEND Tribunal to consider the health and social care aspects of the EHC plan where an appeal is already being made in relation to the educational aspects of the EHC plan and the education aspect must remain live throughout the appeal.
If the SEND Tribunal makes a recommendation about health or social care elements of the EHC plan, it is non-binding. This means that the Local Authority is generally expected to follow such recommendations but they are not legally binding. Where they are not followed, the reasons for not following them must be explained and set out in writing to you and to the Department of Education. If the recommendations are not followed, you have the right to complain to the Local Government and Social Care Ombudsman (LGSCO) or the Parliamentary and Health Service Ombudsman (PHSO) or seek judicial review.
The SEND Tribunal will also handle appeals against discrimination by schools or the local authority due to a child’s disability.
The Tribunal is independent and will listen to both sides of the argument before making a decision.
Video hearings at the Special Educational Needs and Disability Tribunal
The tribunal will be held via video link or at a venue within two hours of your home. To help explain this process, HM Courts and Tribunals Service has created a short video on what to expect.
Watch video hearings at the Special Educational Needs and Disability Tribunal
Further support
Warwickshire SENDIASS offers impartial advice, support and information around various topics relating to SEND for children and young people aged 0-25 living in Warwickshire and their parents or carers.
Contact SENDIASS by telephone 01788 593159, email warwickshiresendiass@barnardos.org.uk, visit their website (Home - Barnardo's Warwickshire) and Facebook (Facebook).