Disagreement Resolution, Mediation & Appeals
Disagreement resolution
Disagreement resolution services are for all parents of children and young people with SEN, and young people themselves with SEN. Using the service is voluntary and covers SEN provision as well as disagreements about health and social care.
There are three areas of disagreement that this service can help with:
- If you disagree with your Local Authority, your school, early years setting or college about how they are carrying out their education, health and care duties. This applies if your child has any kind of SEN, it’s not just if they are going through EHC Needs Assessment or if they have an EHC plan.
- If you disagree with your early years settings, school or college about the SEN provision they are making. This applies if your child has any kind of SEN, it’s not just if they are going through an EHC Needs Assessment or if they have an EHC plan.
- If you disagree with your Integrated Care Board (ICB) or Local Authority about the health or social care provision during your child’s EHC Needs Assessment, or about their EHC plan, and any review or reassessment of the EHC plan.
Details about the arrangements for disagreement resolution will be set out in the Local Authority’s Local Offer.
Mediation
Mediation is a way of trying to settle the dispute between you and the Local Authority (and/or the health authority, which is called the Integrated Care Board (ICB). It involves a meeting between you, the Local Authority and/or ICB and an independent mediator, who will try to help you reach agreement on the points of dispute.
The mediation may also be attended by other relevant parties such as representatives from the child or young person’s school or college. It is free of charge. You have a right to try mediation whenever the Local Authority makes a decision which you could appeal to the SEND Tribunal.
Appeals to the SEND tribunal
If you are not in agreement with a decision that the Local Authority has made in relation to your (or your child’s) SEND, you might be able to appeal against it to the SEND tribunal. The First-tier Tribunal (Special Educational Needs and Disability) is a court which will make a decision on appeals or claims regarding a child’s or young person’s Special Educational Needs or Disability.
When can you appeal?
If you are a young person over 16 years with SEND or a parent or carer of a child with SEND under 16 years, you can appeal to the SEND tribunal if your Local Authority:
- Refuses to carry out an Education, Health and Care Needs Assessment.
- Refuses to issue an EHC plan after an assessment.
- Refuses to amend an EHC plan following a review or re-assessment.
- Decides to cease to maintain an EHC plan.
You can also appeal about some of the contents of an EHC plan, but not all parts.
The sections you can appeal are:
- Section B: detailing the Special Educational Needs.
- Section F: setting out the Special educational provision.
- Section I: naming the school or other setting.
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