What to do if you disagree with a decision of the contents of an Education Health and Care Plan (EHCP)
There are options available if you are not happy with:
- a decision about an Education Health and Care needs assessment (EHCNA) or;
- the contents of an Education Health and Care Plan (EHCP)
Please accept the invitation to speak with a member of the local authority (LA) SEND Team. When any decision is made about an EHCNA or an EHCP, you will be notified in writing. The decision letter will tell you who you can speak to in the team.
You can contact the team at: SENTeam@southend.gov.uk or on 01702 215246.
You can ask for a meeting to discuss the decision. You can bring someone to support you. This may be:
- a representative from your child's setting
- professional supporting you or your child
- a family member or friend
You may also wish to contact Southend SENDIASS. SENDIASS provide impartial information, advice and guidance on special educational needs and disabilities. Their website has lots of useful resources and their contact details.
What if the issue is still not resolved?
If an issue cannot be resolved and agreement is not reached between you and the LA, there are 2 options you may wish to consider:
- mediation
- appealing to the Special Educational Needs and Disabilities Tribunal (SENDIST)
Mediation
The purpose of mediation is to consider whether there is a way of resolving your disagreement with the LA. The mediation service is independent of the LA and free to access.
An impartial person is appointed as mediator. The mediator arranges a meeting with you and the LA. They help to keep the meeting calm, productive, and focused on finding a solution. Mediation is a less formal way of working out a solution.
Your LA will have sent you a letter to explain their decision. It will tell you how to contact the mediation service provided by KIDS SEND Mediation and Disagreement Resolution
For more information, contact KIDS on 03330 062 835 or email MediationLondon@kids.org.uk. Website: www.kids.org.uk/send-mediation
In most cases, you must consider mediation before you appeal to SENDIST. You can decline mediation, but you will still need to contact the mediation service to discuss this. You may need a mediation certificate if you wish to appeal.
Appeal
The Special Educational Needs and Disabilities Tribunal (SENDIST) is also known as the First-Tier Tribunal. It is the Government body that handles appeals from parents, carers or young people (over the age of 16) regarding special educational needs.
What can I appeal?
You can appeal LA decisions, including a refusal to:
- assess a child or young person's educational, health and care (EHC) needs
- reassess their EHC needs
- issue an EHCP
- change what is in a child or young person's EHCP
- maintain the EHCP
SENDIST can make non-binding recommendations about health and social care issues in some appeals.
You can appeal if you:
- have parental responsibility for the child or;
- are their foster parent or carer
Your child must be under 16 years. If your child is over 16, they may be able to appeal on their behalf instead.
How do I appeal?
When any decision is made about a request for a statutory assessment or an EHCP, you will be notified in writing. The decision letter will have details of how you can appeal the decision.
You have 2 months from the date of the letter to lodge an appeal and for the Tribunal to receive your completed forms (including a mediation certificate where applicable).
You can contact IPSEA if you need:
- advice or guidance on the appeal process or how to complete the forms
- legal advice on Tribunal proceedings
You can:
- visit their website for information
- book an appointment to speak to a consultant or;
- call them on 01799 582030 (Monday to Friday, 9am to 5pm)
SENDIST can be contacted at the following:
HM Courts and Tribunals Service Special Educational Needs and Disability Tribunal 1st Floor Darlington Magistrates' Court Parkgate Darlington DL1 1RUHelpline Number: 01325 289 350
Email: send@justice.gov.uk