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What a young person or parent could do if they are unhappy with decisions

 

Special Educational Needs and Disabilities: 

Right to Appeal, Mediation and Disagreement Resolution Arrangements

Where possible the Royal Borough will try and resolve disagreements by meeting parents, carers and children and young people themselves.  You can contact the Children and Young People Disability Service on 01628 685878 or email CYPDS@achievingforchildren.org.uk.  The Information, Advice and Support (IAS) service, formerly known as the Parent Partnership Service, can also support parents and young people in these meetings.

 

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 can not 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. See the Local Offer complaints 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.

 

Further Information