If you disagree with a decision

You have the right to challenge a decision if you disagree with your local authority, early years setting, school or college about:

  • how they're carrying out their education, health and care duties
  • the Special Educational Needs (SEN) provision they're making

This applies if your child has any kind of SEN, not just if they're going through education, health and care (EHC) needs assessment or if they have an education, health and care plan (EHCP).

You can also challenge a decision that has been made by your local authority or Integrated Care Partnership.

How to challenge a decision

To challenge a decision, you should first speak to the Education, Health and Care Planning team. They can look into your concerns, and meet you to discuss the best way forward.

If you've had that discuss and are still unsatisfied, you can speak to the Education, Health and Care Planning team's Team Leader and ask for their help in finding a resolution.

If you are still unable to come to an agreement about the best way forward for your child, you can then contact this team's Operational Lead for further assistance.

Mediation

If we cannot resolve a disagreement around the decisions made, mediation can help to settle disputes. The mediators are not employed by the local authority and are completely independent. 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.

Mediation is a voluntary process that's specifically linked to decisions relating to an EHC needs assessment and/or and EHCP. Mediation must be considered by parents, carers or young people before submitting an appeal to the First-Tier Tribunal. Your right to appeal decisions are time-limited and you must get advice within 2 months from the date of your decision letter from the local authority.

Mediation can take place after the local authority has made the decision not to:

  • carry out an EHC needs assessment
  • draw up an EHCP, after they receive a final EHCP or amended plan
  • amend an EHCP or to cease to maintain an EHCP

In these circumstances we'll provide you with access to an independent mediation adviser. You'll need to contact the advisor for information about mediation if you are thinking about appealing to the Special Educational Needs and Disabilities (SEND) Tribunal.

During the initial enquiry, we'll provide factual and unbiased information about mediation to help families and young people decide if it could be helpful for them. We'll do our best to answer any questions about the process. Families and young people have the option to choose whether or not to take part in a mediation meeting.

Contact details

Mediation is provided by KIDS Mediation Service. You can contact the service by:

At the mediation meeting

Mediation and dispute resolution meetings include key people in the disagreement where possible. They are facilitated by our trained, impartial SEND mediators. There will be a discussion about the disagreement and each party will have the opportunity to provide their views and to listen to others.

The mediator is not there to take sides or to make decisions. They will help to share individual views and concerns and make sure that each person is heard. The mediator will encourage everyone to problem solve together to find a way forward to resolve the situation.

Meetings are usually scheduled to last up to 4 hours and are held at a neutral venue that's as central as possible to all parties.

If you choose not to use the mediation service

If you decide not to go to mediation, you must get a certificate from the mediation service to confirm this option has been considered before lodging an appeal with the First-Tier Tribunal. The tribunal will not take into account whether or not mediation has taken place.

Disagreement resolution

Disagreement resolution applies to any aspect of Special Educational Needs and Disability (SEND), regardless of whether or not the child or young person is being assessed for, or has an EHCP. It can be used at any time with the agreement of the parties involved.

The disagreement resolution service covers a range of disagreements including:

  • the performance of duties
  • any aspect of Special Educational Needs (SEN) provision
  • health and social care disagreements during the processes related to an EHC needs assessment

Making an appeal

Children and young people aged up to 25 years can make an appeal to the First-Tier Tribunal. Young people over the statutory school age of 16 can appeal in their own right, rather than through their parents.

Visit GOV.UK for information about the First-Tier Tribunal service including contact details.