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EHCP: Appeals and Mediation

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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 find out more about SENDIST, by visiting the main Government website:

A professional checking a letter. A mobile phone and a hot drink are either side of the letter.

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 mediation and you’re still not happy, you can still appeal.

If your appeal is about an EHC needs assessment or the education part of an EHCP, you must get mediation advice. If you don’t want mediation, the mediation service will give you a certificate. The certificate is to give to the Tribunal when you lodge your appeal.

You don’t have to get mediation advice if your disagreement is about:

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. This is to help when special educational provision for a child or young person cannot be agreed. This is between parents or young people and the Local Authority or other providers.

For more information, you can visit the Global Mediation website:

If mediation isn’t successful, or if you don’t want mediation, you can appeal. You can appeal to the Special Educational Needs and Disability Tribunal (SENDIST). You must do this within 2 months of the date on your decision letter 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:

You can also ask the Tribunal to make recommendations about the Health or Care parts of the plan. This can be as part of an appeal about the education parts. 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 Special Educational Needs and Disability Tribunal (SENDIST).

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.

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:

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:

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.

Visit the next page: EHCP Finding a School

Visit the previous page: EHCP Phase Transfer

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