Appealing a decision
Where possible, it is often quicker and easier to discuss your concerns with the Council and seek a resolution together. If this is not possible, you can undertake mediation or appeal to the SEND Tribunal.
The first thing to do
Talk with your EHC Coordinator
The Council’s EHC Coordinator can explain the decision to you, and they may be able to meet with you to discuss a way forward to resolve disagreements informally.
Every school and educational setting has a designated EHC co-ordinator responsible for the EHC plans of students and pupils attending there.
The Council provides a list of these on the Bromley SEND Local Offer website.
Try legally-binding mediation
Mediation
At no cost to you, an independent mediator will join you and the Council and/or ICB, and their role is to help the parties reach agreement on the points of dispute.
Working together through the mediation process will help to clarify the issues and explore options to reach acceptable solutions. Any outcomes agreed are legally binding.
Learn more →
Lodge an appeal with the Tribunal
SEND Tribunal
The SEND Tribunal is an independent national tribunal which decides appeals against Council decisions about the special educational needs (SEN) of children and young people.
Its full name is The First-tier Tribunal (Special Educational Needs and Disability) and is administered by the Council’s HM Courts & Tribunals Service.
You can appeal to the SEND Tribunal if you’re unhappy with a decision your Council has made in relation to an education, health and care (EHC) needs assessment or an EHC plan. There are no fees for making an appeal or a claim.
The SEND Tribunal has the power to order Councils to carry out EHC needs assessments, issue EHC plans, and amend existing EHC plans. Your Council must comply with orders made by the SEND Tribunal. If it is asked to do so, the SEND Tribunal can also make non-binding recommendations about health and social care.
It is important to know that there are very specific deadlines for bringing an appeal to the SEND Tribunal.
Learn more →
Downloads
We have pulled together relevant downloads for this topic below:
LEAFLET: Tribunal support – What we can and cannot provide
[PDF, 4 pages]
Further help and support
You may also find the following websites useful:
Bromley Council – Education, health and care (EHC) plans – unhappy with a decision? →
Global Mediation →
GOV.UK – Appeal an education, health and care (EHC) plan decision →