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How we can help to resolve disagreements

The SEND Information Advice and Support Service is often able to help when parents do not agree with the decisions or provisions made by Schools or Local Authorities (LAs) for their child's special educational needs.

Most disagreements can usually be resolved quickly with all parties working together with the child's best interests at heart. This is often referred to as "informal resolution", and would normally occur through parent/carer and/or young people meeting together with school, health providers, or the local authority to discuss the concerns and find a solution. 

Where disagreement persists, the SEND Information Advice and Support Service aims to inform parents and schools about the range of support available for disagreement resolution. Local Authorities must make disagreement resolution services available to parents and young people. Use of the disagreement resolution services is voluntary and has to be with the agreement of everybody involved.  Even though the Local Authority has to provide these services, disagreement resolution services must be independent - this must be an organisation not in the employment of the Local Authority. 

Disagreement resolution can also include involvement, where applicable, from a specialist Mediation Service and the Special Educational Needs and Disability (SEND) Tribunal [https://www.gov.uk/special-educational-needs-disability-tribunal]. 

Mediation for parents of children and young people with Special Educational Needs

What is mediation?

The Local Authority have a duty to provide mediation services. 

Local Authorities must set out the arrangements they have made for securing mediation information services and mediation itself in the Local Offer [https://www.coventry.gov.uk/sendlocaloffer]

(SEND Code of Practice 11.16 [https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/342440/SEND_Code_of_Practice_approved_by_Parliament_29.07.14.pdf])

  • In mediation, the people involved in the dispute work together to reach an acceptable solution, with the help of a mediator.
  • The mediator is a specially trained independent facilitator who does not take sides and does not give advice or judgement but manages discussions fairly and confidentially to help people communicate and explore options.
  • The child's needs and interests are kept at the heart of these discussions.
  • It is widely used to settle disputes between family members, work colleagues or even neighbours.
  • It is an increasingly popular way of sorting out disagreement.

Mediation is an important part of the Education Health and Care process. If you are wanting to appeal a decision made by the Local Authority to the SEND Tribunal, you must consider mediation as part of any appeal - unless you are only appealing against section I of an EHC plan. This does not always mean engaging in a meeting with a mediator and the Local Authority

To find out about the local Mediation Service please see below or contact the Statutory Assessment and Review Team (START) on: 024 7683 1614. 

Mediation Providers

The following organisations are available to help you resolve disagreements. You should contact the organisation who will talk to you about the process:

KIDS [http://www.kids.org.uk/mediation-home] 

Kids mediation logo

 

Tel: 03330 062 835

Email: senmediation [mailto:senmediation@kids.org.uk]@kids.org.uk [mailto:susanna.diegel@kids.org.uk])

Why use mediation?

  • It can be provided quickly and is usually very successful
  • It offers an alternative to what can be a lengthy, sometimes confrontational, and otherwise stressful approach
  • It is voluntary - for it to be successful everyone involved has to agree to take part, but it also helps everyone to work together after the mediation has finished.

Is mediation confidential?

  • Nothing said in mediation can be used elsewhere (with the exception of serious child protection issues)

  • Once an agreement is reached, the mediator will write it down.  The agreement will include the decisions made, what is to happen, who is responsible, and the timescale.  It will also include arrangements to check that it is working and everyone will receive a copy

Using the service does not affect parents' right of appeal to the SEN Tribunal (SENDIST) [https://www.gov.uk/appeal-sen-statement-decision/appeal-to-the-tribunal] and the service is free to parents and can be used at any time during a disagreement. The mediation meetings are always held locally, as close as possible to the people involved. Most commonly, these discussions are held through online video programmes such as Zoom or Microsoft Teams.

 

The Local Offer 

The Coventry Special Educational Needs and Disability (SEND) Local Offer [https://www.coventry.gov.uk/sendlocaloffer] brings together information for children and young people with special educational needs and disabilities and their families. The SEND Local Offer will cover services available to the public across education, health and social care:

  • Education: such as nurseries, playgroups, schools and colleges and support services like educational psychologists and SEN services
  • Health: children's and adult services including GPs, therapists and hospital services
  • Social care: such as short break services and children's and adult disability services.

Special Educational Needs and Disability (SEND) Tribunal

In some very limited cases where an agreement cannot be reached by any other means, parents and young people can take their case to the SEND  Tribunal.  The Tribunal forms part of the First-tier Tribunal (Health, Education and Social Care Chamber) and are overseen by Her Majesty’s Courts and Tribunals Service.

The Tribunal hears appeals against decisions made by the local authorities in England in relation to children's and young people’s EHC needs assessments and EHC plans. It also hears disability discrimination claims against schools and against local authorities, when the local authority is the responsible body for a school.

The Tribunal seeks to ensure that the process of appealing is as user-friendly as possible and to avoid hearings that are overly legalistic or technical. It is the Tribunal’s aim to ensure that a parent or young person should not need to engage legal representation when appealing a decision. Parents and young people may find it helpful to have support from a voluntary organisation or friend at a hearing.

We have produced a short step-by-step guide to SEND Tribunal appeals [https://www.covsendiass.co.uk/downloads/download/18/send-tribunal] which goes through the process more visually.

In this section, you can learn: 

Who can appeal to the Tribunal?

  • Parents of children (0 to the end of compulsory school age) and
  • Young people over compulsory school age (until they reach 25) where they have the mental capacity to make the decision or their representative/ parents where they lack capacity.

What can be appealed to the Tribunal?

The SEND Code of Practice says that parents and young people can appeal to the Tribunal about:

  • a decision by a local authority not to carry out an EHC needs assessment or re-assessment
  • a decision by a local authority that it is not necessary to issue an EHC plan following an assessment
  • the description of a child or young person’s SEN specified in an EHC plan, the special educational provision specified, the school or other institution or type of school or other institution (such as a mainstream school/college) specified in the plan or that no school or other institution is specified
  • an amendment to these elements of the EHC plan
  • a decision by a local authority not to amend an EHC plan following a review or re-assessment
  • a decision by a local authority to cease to maintain an EHC plan (11.45)

You can find out more about appeals to the Tribunal in the SEND Code of Practice sections 11.39 to 11.55.

View the SEND code of practice: 0 to 25 years [https://www.gov.uk/government/publications/send-code-of-practice-0-to-25]

Single Route of Redress 

From 31st August 2021, the Government extended the powers of the First-tier Tribunal (SEND), to make non-binding recommendations about the health and social care aspects of Education, Health and Care (EHC) plans after a successful trial period. However, It is only possible for the Tribunal to consider the health and/or social care aspects of the EHC plan where you are already making an appeal in relation to the education aspects of the EHC plan and the education aspect must remain live throughout the appeal.

You can find out more about appealing health and social care decisions on the Single Route of redress [http://www.covsendiass.co.uk/advice-support/resolving-disagreements/3] page.

What are the time limits for appealing?

If you wish to register an appeal with the First Tier Tribunal (SEN and disability) you first have to consider whether to enter mediation and obtain a certificate saying you have considered it (unless your appeal is only about the name of the school/college of type of school/college named in the plan). 

An appeal has to be received by the Tribunal;

  • within 2 months after the decision letter was sent by the local authority (LA) or
  • 1 month from the date of the mediation certificate, whichever is the later.

The time limit for claims may be extended in exceptional circumstances but only if the Tribunal considers it appropriate to do so. Parents and young people should always aim to lodge their appeal within the time limits.

Legal Aid

You may be eligible for Legal Help, this allows a solicitor’s firm to advise and assist you with your case but Legal Help does not extend to representation at the Tribunal hearing. Before you can be granted legal aid you must pass a financial means assessment. You can check your eligibility online or contact Civil Legal Advice on 0345 345 4345.

Check if you can get legal aid [https://www.gov.uk/check-legal-aid]

What do I have to do to appeal a decision?

You must complete an appeal form providing your reasons for appealing. Please ensure you complete the correct form, these can be found on the First-tier Tribunal (Special Educational Needs and Disability) website;

If you are appealing because the Local Authority have refused to carry out an EHC Needs Assessment (or "refusal to assess") then you will need to complete the SEND35A form.

If you are appealing any other part of the EHC process, then you will need the SEND35 form.  

Visit the Tribunal website [https://www.gov.uk/courts-tribunals/first-tier-tribunal-special-educational-needs-and-disability]

On the same site, an appeal form and supporting documents can also now be submitted through an online form for any appeal other than a refusal to assess. This works over a number of stages, and allows you to save your progress as you go along. 

Email your completed forms [mailto:send@justice.gov.uk]

Along with your appeal form, it is useful to enclose any evidence or information (photocopies) that supports your appeal. You must also include your mediation certificate to show you have spoken to the mediation adviser and either considered mediation or entered mediation (unless you are only appealing the name of the education setting in section I of an EHC Plan).

You may find it useful to familiarise yourself with the Tribunal's guide - including an easy read version - on "How to Appeal Against a SEN decision [https://www.gov.uk/government/publications/how-to-appeal-a-special-educational-needs-sen-decision-send37]" 

Burden of proof

Depending on the issue there is an obligation on either yourself or the local authority to prove your point. The burden of proof at the SEND Tribunal is on the balance of probabilities. Please see who has the burden of proof for each issue below.

A decision by a local authority not to carry out an EHC needs assessment or re-assessment

Parents/Young Persons burden to prove they have met the legal test for assessment contained in s.36(8) [http://www.legislation.gov.uk/ukpga/2014/6/section/36/enacted] of the Children and Families Act 2014. There are additional considerations under this law for children under compulsory school age (s.20(3) [http://www.legislation.gov.uk/ukpga/2014/6/section/20/enacted]) and young people over 18 (s.36(10) [http://www.legislation.gov.uk/ukpga/2014/6/section/36/enacted])

A decision by a local authority that it is not necessary to issue an EHC plan following an assessment

Parents/Young Persons burden to prove they have met the legal test for assessment contained in s.37(1) [http://www.legislation.gov.uk/ukpga/2014/6/section/37/enacted] of the Children and Families Act 2014.

The description of a child or young person’s SEN specified in an EHC plan, the special educational provision specified

The burden of proof is on the Parents/Young Person.

The school or other institution or type of school or other institution (such as a mainstream school/college) specified in the plan or that no school or other institution is specified

The types of setting included under s.38(3) [http://www.legislation.gov.uk/ukpga/2014/6/section/38/enacted] Children and Families Act 2014 include;

A decision by a local authority to cease to maintain an EHC plan

This would be the local authority’s burden to prove they have met the legal test contained in s.45(1) [http://www.legislation.gov.uk/ukpga/2014/6/section/45/enacted] of the Children and Families Act 2014. For young people over 18 there are also additional requirements at s.45(3) [http://www.legislation.gov.uk/ukpga/2014/6/section/45/enacted] of the Act.

See the Children and Families Act 2014 [http://www.legislation.gov.uk/ukpga/2014/6/contents/enacted]

What happens after I send my appeal to the Tribunal?

Your appeal should be registered within 10 working days of receipt and you will be sent information about important dates, including the date of the final hearing. All SEN appeals have a target of being heard on a 12-week timetable (instead of the previous 20 week timetable). Some appeals may be listed on a slightly different timetable depending on the availability of Judges and Panel members.

Please note: the timeframes above are not reflected in current appeals being registered. Due to a huge increase in the number of cases the tribunal is hearing nationally, the majority of appeals are being heard in the region of 10-12 months following registration (as of Oct 2024)

When your appeal is registered the Tribunal will issue;

  • Case directions – these set dates by which you must take action. Please keep a note of these important deadlines as you can be barred from the hearing for failing to comply;
  • An attendance form – you will be given a date by which you must inform the Tribunal and the local authority about the witnesses (if any) along with any others that you want to bring to the hearing. If a witness refuses to attend the hearing you can ask the Tribunal to issue a witness summons which requires them to attend;
  • A case management questionnaire.

The local authority will be sent a copy of the appeal when it has been registered, they must respond within 30 days of their appeal notice being sent, sending a copy of their response and any other documents to yourself as well as the Tribunal.

The local authority has the option to;

  • Oppose your appeal;
  • Apply to strike out your appeal and ask that it is brought to an end (this is only if they feel it is a case that the Tribunal cannot consider)
  • Not oppose your appeal - for example, this could be that they agree to amend the EHC Plan. If you are satisfied with the outcome, you can withdraw the appeal or ask the Tribunal to order the local authority to change the EHC plan in the way you have agreed, by making a consent order.

What happens at the hearing?

You will receive a full copy of the appeal bundle (copies of the documents yourself and the local authority want to use to support your cases) along with the time and venue of the hearing. Hearings are normally now held online via video conferenceing, however if this is not accessible for any reason, it would be held in Tribunal Buildings/Family Court Rooms as close to your home as possible (the Tribunal aims for venues to be no more than 1½ hours travel in each direction).

Appeals will be heard by a panel consisting of a legally qualified Tribunal Judge who will chair the hearing and up to two specialist Panel members who have knowledge and experience of children with SEND. Hearings usually start at 10am (although some may start at 2pm) and the length of the hearing will depend on the issues being heard and number of witnesses. You do not have to attend the hearing but it is helpful to do so.

During the hearing;

  • The Tribunal Judge will provide an introduction, explain the procedures and list the issues to be considered;
  • The panel will consider the appeal on an issue-by-issue basis;
  • You and the local authority will be invited to give your views and present your evidence on each issue;
  • You will have the opportunity to ask questions of the local authority and witnesses, as well as having the chance to add anything additional you feel is important and has not been previously mentioned. The local authority will be given the same opportunity;
  • You may be invited to make a brief closing comment to summarise your position.

After the hearing

The Tribunal will make its decision following the hearing, parents are notified in writing by post and generally this is received within approximately 10 working days. This decision letter must summarise their reasons for the decision.

If the Tribunal issue an order, once received the local authority have to comply with time limits, within which they must carry out the Tribunal order. These are;

  • Where the Tribunal requires the local authority to undertake an assessment/reassessment (notification starts the process) – within 2 weeks of the order being made;
  • Where the local authority has been ordered to make and maintain an EHC plan they must issue the finalised EHC plan within 14 weeks of the order being made;
  • Where the local authority has been ordered to reconsider a decision, they shall do so within 2 weeks of the order being made;
  • Where the local authority has been ordered to amend the EHC plan the local authority must issue the amended EHC plan within 5 weeks of the order being made;
  • Where the local authority has been ordered to substitute the name of a school/college/other institution, the local authority must issue the amended EHC plan within 2 weeks;
  • Where the tribunal has ordered that an EHC plan continue to be maintained by the local authority, the local authority shall continue to maintain the EHC plan with immediate effect;
  • Where the Tribunal dismisses an appeal against a decision to cease an EHC plan the local authority must cease to maintain the EHC plan immediately.

Where can I get more information, advice or support?

The Local Offer, published by the local authority, includes information about the arrangements for resolving disagreements and for mediation. It also tells you about your right to appeal to the Tribunal.

You can speak to the EHC Co-ordinator for your EHCP -  they are part of the Statutory Assessment and Review Team (START) about your concerns. Coventry SENDIASS can offer advice and support with this discussion.

Contact the Statutory Assessment and Review Team [http://www.coventry.gov.uk/info/157/coventrys_special_educational_needs_and_disability_send_local_offer/688/statutory_assessment]

Coventry SENDIASS can give you:

  • information about complaints procedures, disagreement resolution and mediation
  • advice about what to do if you are unhappy with the support the school or college is providing
  • details of other organisations, support groups and information services that might help
  • information and advice about your rights to appeal to the First Tier Tribunal (SEN and Disability)
  • impartial advice and support through the process of disagreement resolution, mediation or appeal

National organisations that can also provide information and advice on SEND include:

If you would like to pursue a SEND Appeal with regard to the EHC process, you will find the documents and more information on Gov.UK [http://www.gov.uk/courts-tribunals/first-tier-tribunal-special-educational-needs-and-disability].

Refusal to Assess - EHCNA

If a request has been made to the Local Authority to carry out an EHC needs assessment and been refused, there are a number of steps that can be followed. 

The Legal Test

The first thing to consider is the legal test. This outlines the circumstances in which an EHC needs assessment is required to be carried out.

Section 36(8) of the Children and Families Act 2014, says:

“The local authority must secure an EHC needs assessment for the child or young person if, after having regard to any views expressed and evidence submitted…, the authority is of the opinion that-

(a) the child or young person has or may have special educational needs, and

(b) it may be necessary for special educational provision to be made for the child or young person in accordance with an EHC plan.”

So, in order to challenge the conclusion the Local Authority have come to about the request, it’s important to understand which part of the test has not been met. This is relevant to whichever route you take to challenge the decision.

Informal resolution

Inofrmal resolution is basically talking through the decision with your EHC co-Ordinator (whose name is normally included as the signature on the letter you received). This option will help you to understand, if it’s not clear from the letter, why the request did not meet the legal test.

It will also give you the opportunity to clarify what information the LA used in making that decision. The SEN code of Practice says that where an EHCNA has been refused by the LA, they “should provide feedback collected during the process of considering  whether an EHCNA is necessary” - this would suggest that any reports from professionals or educational settings should be shared with you (even if you sent them in yourselves!) Did they receive and use everything that you/education setting expected them to?

You might also want to include other people in this conversation – this might include the educational setting or other professionals, especially if they are supportive of the request.

Mediation

A more formal route to discussing the refusal is through a mediation session. In Coventry, this is generally provided through KIDS mediation service and you will have to evidence that you have considered mediation if you subsequently want to appeal the decision to the SEND tribunal.

Mediation must be requested within 2 months of the date on the decision letter sent by the local authority, and they will talk through 2 possible options.

if you’ve had a discussion with the LA - and they have indicated they won’t be changing their decision - there may be little point then doing this again with a mediator. In this scenario, you can just ask for a mediation certificate, which they should send to you within 3 days. This can be used to lodge an appeal against the decision with the SEND tribunal.

If you’ve not had an informal discussion with your Co-ordinator, then mediation provides a formal structure and timescales for that to happen – the mediation must take place within 30 days of the mediator notifying the Local Authority. The local authority must take part in mediation if it is requested, but If for any reason this is not possible within 30 days, the mediator must provide a mediation certificate, again within 3 days. And if you reach an agreement to move forward with an assessment, this is legally binding.

SEND Tribunal

The final option, assuming you have not come to an agreement, is to appeal to the SEND tribunal. To appeal, you must have a mediation certificate and have completed a SEND35a form [https://assets.publishing.service.gov.uk/media/642aed26ddf8ad0013ac0c97/SEND35A_0423_save.pdf]. These can be accessed from the gov.uk website and all appeals must be registered either:

  • within 2 months of the letter you received from the LA, or
  • within 30 days of the date on the mediation certificate (whichever is longer)

Tribunals for refusal to carry out an EHC needs assessment are generally considered on the paper evidence supplied, meaning you often don’t have to attend a tribunal. However, you will need to make sure that anything you want the tribunal to consider, is sent to them with the form. Their decision is always based upon the legal test outined above, so any evidence that shows how the test is met - school information, recommendations from professionals - is worth including. 

How long might this take?

The tribunal is currently receiving a large number of requests around SEND from across the country, and therefore, there are sometimes long waits for decisions (very often way over their target of 12 weeks). Therefore, if you are able to come to agreement through informal resolution or mediation, this may often be a quicker route.

 

Content/Placement appeals - EHCP

Most disagreements with final EHCP plans, concern:

  • section B (a description of special educational needs) ,
  • section F (a description of special educational provision) and/or
  • section I (the name of the educational setting the child/young person will attend) 

Any request to the SEND tribunal must include at least one of these sections for them to proceed (you can also decide to appeal health and social care needs/provision, but only if it is alongside an appeal around section B, F and/or I)

Section I - Placement appeals

You will be appealing part I of the final EHC plan if you don’t agree with the name of the setting written in that section, or if it just states a "type" of school. You can even appeal if it has been left blank in the final EHC plan. (If you have a new draft EHC plan, part I will always be left blank, so make sure you have the final EHC plan or amended final EHC plan if you are planning to appeal). If you are only appealing section I, you do not need to provide a mediation certificate.

Check with the Local Authority EHC Plan Co-ordinator (whose name and contact details will be on the decision letter from the council) has consulted with the setting/s of your preference. Also contact the setting/s to inform the head/principal that you have requested a place there as part of the appeal process. If you phone, make a note of any response (to add in the appeal form). You can include more than one name of setting of your preference on the appeal form if you wish.

Include evidence on your form taken from your EHC plan, particularly from part B (Needs) which may describe how your child is struggling or presenting in their current environment. Include information if your child is only in school part-time or finding it difficult to attend. Also use any evidence in part F (provision) of the EHC plan which would describe what support your child must be given to meet those needs, such as:

  • expertise/staffing,
  • therapeutic or specialist type of support,
  • specific type of curriculum,
  • small groups and/or
  • specific environment

These types of provision are types which should be used to inform a suitable education setting in section I. You will also have an opportunity to send further information later in the tribunal process.

Section B/F - Content appeals 

If you are appealing for a different setting to be named in section I, and the EHC plan does not include evidenced areas of SIGNIFICANT need/provision in the plan to inform the type of setting, you may want to consider also appealing section B and/or F of the EHC plan.

For example, you may be:

  • waiting for a professional's report that you are aware has some significant recommendations for provision that you would wish to be included in the EHCP.
  • thinking that the current provision is not "quantified or specified" enough to clearly identify what is needed 

However, if there are some less significant pieces of information that you wish to be included in the EHC plan, then you may want this to be considered at an Annual Review instead. Whilst the length of time waiting for a tribunal varies, we tend to find that Section I only appeals can take place earlier, than those that include Section B/F.

Please note: you will require a mediation certificate if you are appealing either section B/F.

The Form

Form SEND35 [https://assets.publishing.service.gov.uk/media/642aebe37de82b00123134e0/SEND35_0423_save.pdf] is the Special Educational Needs and Disability Tribunal form you will need to complete for your appeal. Download the SEND35 form and save it before you start to complete it (make sure you save it as you go along). Once completed, you will then have to attach it to an email to the Tribunal.

There is also now an online form available which can be used to lodge an appeal directly to the SEND tribunal - https://appeal-about-ehc-plan-decision.form.service.justice.gov.uk/  [https://appeal-about-ehc-plan-decision.form.service.justice.gov.uk/] 

Whichever way you choose to access the form, you can add any copies of reports/ annual review paperwork and any other information to assist your case as evidence. If possible, include your child’s voice such as in their own writing/ a drawing or via another person working with your child (add their name and profession).

 

 

Single Route of Redress

Following a trial period from April 2018 - 31 August 2021, The Government is set to extend the powers of the First-tier Tribunal (SEND), sometimes referred to as the ‘SEND Tribunal’, to make non-binding recommendations about the health and social care aspects of Education, Health and Care (EHC).

To date, you have only been able to appeal the educational aspects of EHC plans.  The trial gives you new rights to request recommendations about the health and social care needs and provisions specified in EHC plans, in addition to the educational aspects, when making a SEND appeal.  This gives you the opportunity to raise all your concerns about an EHC plan in one place.

It is only possible for the Tribunal to consider the health and/or social care aspects of the EHC plan where you are already making an appeal in relation to the education aspects of the EHC plan, and the education aspect must remain live throughout the appeal.

Guidance on the current extended powers and duties that will continue, is available to view: The Special Educational Needs and Disability (First-tier Tribunal Recommendations Power) Regulations 2017 (legislation.gov.uk) [https://www.legislation.gov.uk/uksi/2017/1306/contents/made].

What does this mean for parents and young people?

If you are unhappy with a decision not to issue an EHC plan, or with the special educational content or placement in the plan, you can make an appeal to the SEND Tribunal.  This trial now gives you the opportunity to also request recommendations about the health and social care content of the plan at the same time. This will mean the Tribunal will take a more holistic, person-centred view of the needs of the child or young person. 

This does not prevent you from also complaining about other aspects of your disagreement through other complaint procedures. You should seek advice about the different routes available, including from your local Information Advice and Support Service (IASS).

If the SEND Tribunal makes a recommendation about health or social care elements of an EHC plan, this is non-binding. The local authority and/or health commissioner is generally expected to follow such recommendations, but they are not legally binding. Where they are not followed, the reasons for not following them must be explained and set out in writing to you and to the Department for Education through the evaluators.

If they are not followed, you can complain to the Local Government and Social Care Ombudsman [http://www.lgo.org.uk/make-a-complaint] (LGSCO) or Parliamentary and Health Service Ombudsman [https://www.ombudsman.org.uk/making-complaint/before-you-come-to-us] (PHSO) or seek to have the decision judicially reviewed. Further information on the roles of these bodies can be found on their websites.

When can a parent or young person request recommendations about the health and social care elements of an EHC plan?

You can request the Tribunal makes recommendations about the health and/or social care aspects of EHC plans as part of an appeal relating to:

  • the description of the child/young person’s special educational needs in an EHC plan
  • the special educational provision specified in an EHC plan
  • the school or other educational institution named in an EHC plan
  • a decision by the local authority not to issue an EHC plan
  • a decision by the local authority not to carry out a re-assessment for a child/young person who has an EHC plan
  • a decision by the local authority not to amend an EHC plan following a review or re-assessment
  • a decision by the local authority to cease to maintain an EHC plan

What does this mean for local areas?

The "Single Route of Redress" places responsibility on local authority SEND teams to:

  1. Inform parents and young people of their new rights through decision letters and the local offer
  2. Provide evidence to the Tribunal from the health and social care bodies in response to any issues raised within the timeframe set by the Tribunal, seeking permission to bring additional witnesses to the hearing as necessary

It also places responsibility on health and social care commissioners to:

  1. Respond to any request for information and evidence within the timeframe set by the Tribunal
  2. Send a witness to attend the hearing as required
  3. Respond to the parent/young person and the LA SEND team within 5 weeks of a recommendation being made, setting out the steps they have decided to take or giving reasons why they are not going to follow the recommendation.

How can a parent or young person request a health or social care recommendation?

If you wish to appeal against a local authority decision on any of the grounds above and want to request that the Tribunal considers your concerns about the health and /or social care aspects of the EHC plan, you should follow the normal process for bringing an appeal to the Tribunal and tick the box on the form relating to a health and/or social care appeal.

Advice on making SEND appeals to the Tribunal and the appeal form is available on the GOV.UK website [https://www.gov.uk/courts-tribunals/first-tier-tribunal-special-educational-needs-and-disability] and further guidance can be found in the trial toolkit [http://www.sendpathfinder.co.uk/send-single-route-of-redress-national-trial] of support.

Guidance, organisations and contacts

KIDS Mediation ServiceKIDS mediation

Kids Mediation Service is available to help you resolve disagreements. There is no charge for this service, and you do not have to agree to a meeting, but you do need to contact them if you wish to proceed to appealling to SEND tribunal (except in the case of Section I only appeals). 

KIDS Mediation Service: Tel: 03330 062 835        

Email: senmediation@kids.org.uk [mailto:senmediation@kids.org.uk]

http://www.kids.org.uk/mediation-info [http://www.kids.org.uk/mediation-info]

 

Coventry city council logo

Statutory Assessment and Review Services Team  

START is the team in Coventry who manage EHCPs and requests. You will need to contact this team for updates and if you wish to speak with your plan/coordinator.

Tel: 024 7683 1614

Email: SEN@coventry.gov.uk [mailto:SEN@coventry.gov.uk]

Statutory Assessment – Coventry City Council [https://www.coventry.gov.uk/coventry-send-support-service/statutory-assessment]

GOV.UK logo

SEND Tribunal Helpline

TEL: 01325 289350 / 0300 303 5857

First-tier Tribunal (Special Educational Needs and Disability) - GOV.UK [https://www.gov.uk/courts-tribunals/first-tier-tribunal-special-educational-needs-and-disability]

 

Special Needs Jungle  Special needs jungle logo

 

The Special Needs Jungle provides parent-led information, resources and informed opinion about children and young people with SEN, special needs, disability, health conditions and rare diseases.  They provide a variety of information including a flowchart for if you disagree with SEN provision. Access the flowchart [http://www.specialneedsjungle.com/day-4-flow-chart-disagree-sen-provision-lack/].

School complaintsGOV.UK logo

You must complain to your school directly before complaining to any other organisation. Visit the Government website [https://www.gov.uk/complain-about-school] for advice on complaining about a school or access the individual school's complaints procedure, normally available on their website.

A useful source of information is IPSEA. [https://www.ipsea.org.uk/]  

Coventry city council logo

Local Authority Feedback

 

Make a comment, compliment or complaint about a Coventry City Council service [https://www.coventry.gov.uk/complaints].

Healthwatch Healthwatch logo

 

Healthwatch Coventry is the independent champion for health and social care in Coventry. Healthwatch Coventry Services include:

  • Information helpline for questions about local health and social care services
  • Support for people making an NHS complaint
  • Gathering feedback and views on local services and using this to influence how services are run and planned.

Visit the Healthwatch website [http://www.healthwatchcoventry.co.uk/].

PALs  NHS logo

The [https://www.nhs.uk/nhs-services/hospitals/what-is-pals-patient-advice-and-liaison-service/]Patient Advice & Liaison Service (PALS) [https://www.covwarkpt.nhs.uk/patient-advice-liaison-service-pals] is a service that deals with patients', relatives' or carers’ queries and concerns regarding their health care, and can provide information on NHS services generally.

Local Government and Social Care Ombudsman (LGO)  Ombudsman logo

 

The Local Government and Social Care Ombudsman looks at complaints about councils and some other authorities and organisations, including education admissions appeal panels and adult social care providers (such as care homes and home care providers). It is a free service. Our job is to investigate complaints in a fair and independent way - we do not take sides. Visit the LGO website. [http://www.lgo.org.uk/]

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