If you’re unhappy with a decision
If you are not happy with the Council’s decision during an Education, Health and Care (EHC) needs assessment there are several ways in which these could be resolved.
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.
Mediation
This will bring you and the Council together in a neutral and independently facilitated meeting. 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.
Appeal to the Special, Educational Needs and Disability (SEND) Tribunal
The SEND Tribunal have the legal authority to challenge or uphold a decision made by the Council. This is a legal process that is set up for parents and young people to be able to present their own case without the need for legal representation.
What decisions can you appeal?
You can appeal the following:
- not to carry out an EHC Needs Assessment
- not to issue an EHC Plan
- the special educational needs and provision in the EHC Plan (sections B and F)
- the school named in the EHC Plan (section I)
- not to maintain an EHC Plan
- not to amend or replace an EHC Plan following a reassessment or review
You can also ask the tribunal to make a recommendation for Health or Social Care needs where you disagree with:
- the health needs and provision in the EHC Plan (Section C and G)
- the Social Care needs and provision in the EHC Plan (Section D and H1/H2)
What decisions can't I appeal?
You cannot appeal a decision about:
- How the school or college is supporting your child if you don’t have an EHC Plan
- The way the school or the Council are giving the help in your child’s EHC Plan, including decisions about personal budgets
- Failure to meet the timescale or deadlines for the EHC process or annual review of an EHC Plan
- Transport to school or college (except where there is also an issue about the school named)
- The Council’s failure to do what the tribunal ordered them to do
IASS Bromley Tribunal support
Where a parent or a young person wishes to make a formal appeal to SENDIST, we can advise and support them through the process.