Challenging decisions

If you disagree with a local authority decision, the Children and Families Act 2014 outlines a clear process for resolving disagreements.

Most disagreements can be resolved by discussing the issue and reaching a solution or compromise. Arrange a meeting with your SENDCO and EHCIO and you can contact SENDIASS for support.

If following a discussion an agreement cannot be reached, disagreement resolution and mediation services are available. The Special education service will provide you with information about local mediation services. In most cases you will need a certificate before you can appeal to the SEND Tribunal. If you disagree with the local authority’s decisions regarding EHC statutory assessments and plans, contact Global mediation to get mediation information and a certificate before entering formal mediation or registering an appeal.

Families have the right to appeal to the SEND Tribunal if:

• They cannot reach an agreement through the resolution or mediation, and
• The local authority decides:
  • Not to assess a child or young person’s, education, health, and care needs
  • Not to reassess their EHC needs
  • Not to issue an EHC plan
  • To refuse to change what’s in a child or young persons EHCP.
  • To cease to maintain the EHCP.