EHCP: Appeals and Mediation
Overview
You have the right to appeal. You can appeal to the Special Educational Needs and Disability Tribunal (SENDIST).
However, we would hope to sort out any disagreements with you and your child’s school or college first.
Please contact your Assessment and Planning Officer (APO) in the first instance. They will try and resolve any issues and address any of your concerns. You will find their direct telephone number on any of the letters you have received.
You can also contact the Assessment & Planning admin team by:
- Phone: 01273 336 740
- Email: sen.caseworkassistants@eastsussex.gov.uk
We will return all contact within the Customer Promise. You can learn more about this on the main East Sussex County Council website:
You can find out more about SENDIST, by visiting the main Government website:
Mediation
Mediation is a confidential process designed to resolve disputes within the EHCP process. This uses a neutral third party to help everyone come to an agreement. A mediator does not judge or impose a solution. They help work towards a satisfactory outcome that suits both parties.
Mediation can help you sort out disagreements without having to appeal. If you have a mediation meeting and you’re still not happy, you can still appeal.
Parents of children under 16, and young people aged 16 to 25, can ask for and take part in mediation.
All Local Authorities must provide independent mediation and disagreement resolution services. This is part of the Children and Families Act 2014.
Our provider is Global Mediation. For more information, you can visit their website:
You need to have contacted Global Mediation to be able to appeal. You tell them what you would like to appeal, and they will advise whether you can:
- just have a mediation certificate, or
- whether a mediation meeting might be helpful.
It is then your choice whether you have a mediation meeting or just request a mediation certificate. You would be given a mediation certificate after the mediation meeting. If you choose to appeal, you require a mediation certificate as a minimum, as you give the certificate to the Tribunal when you lodge your appeal.
If you choose just to take a mediation certificate or the mediation meeting does not resolve the concerns, you can appeal to the SENDIST.
You must do this:
- within 2 months of the date on the letter giving you your appeal rights, or
- a month from the date of the mediation certificate – whichever is later.
Appeals
Parents of children under 16, and young people aged 16 to 25, can appeal for the following reasons:
- if we decide not to carry out an Education, Health and Care (EHC) needs assessment
- if we decide not to progress to an EHCP following a needs assessment
- if you are not happy with the final EHCP, including Health and Social Care sections
- if you are not happy with the education placement named in the final EHCP
- if we decide to cease to maintain an EHCP (this means the EHCP stops)
You can also ask the Tribunal to make recommendations about the Health or Care sections of the plan. This can be as part of an appeal about the education sections of the plan. Please note, the Tribunal’s recommendations for Health or Social Care are not legally binding. Social Care, or the Health Commissioner, may not follow the Tribunal’s Health or Social Care recommendations. If this happens, we must tell you why in writing.
A Tribunal Officer will be assigned to your appeal. If you need to discuss the appeal, you should contact the Tribunal Officer rather than your usual APO.
You can appeal to the SENDIST after speaking to Global Mediation.
You can find out more about SENDIST, by visiting the main Government website:
Following an Appeal
If you are not happy with the outcome of the appeal, you can ask the Tribunal to reconsider their decision. You can also seek the Tribunal’s permission to appeal to the Upper Tier Tribunal.
You will be given details of how to do this by the Tribunal.
Additional Help and Support
Amaze SENDIASS
Amaze SENDIASS (Special Educational Needs and Disabilities Information Advice and Support Service) are a local charity. They offer free, independent, and impartial advice for all matters relating to SEND. You can get their support throughout this process but we recommend you access their advice or support from the very start of the process. Contact Amaze SENDIASS by:
- Phone - 01273 772 289
- Email - sendiass@amazesussex.org.uk
Visit the Amaze SENDIASS web page.
Amaze have also created an ‘EHC Plans Fact Sheet’:
East Sussex Local Offer directory of services
You can visit our SEND-specific online directory, hosted on East Sussex 1Space. The directory lists many different services both throughout the county and online. Services cover many topics, including:
- Advice, Guidance and Support Groups
- Activities and Events
- Mental Health and Wellbeing Support
Visit the East Sussex Local Offer directory.
NHS - Health A to Z
The East Sussex Local Offer aims to provide as much information as possible. There may be some conditions that aren't covered in thorough detail. The NHS website has pages that list all conditions. These pages provide information and advice on how to get extra support:
Visit the NHS Health A to Z web page.
Glossary of East Sussex SEND Terms
We explain some of the terms used on this website on our page, Glossary of East Sussex SEND Terms.