SEND: Finding help and support or making a complaint
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Appeal or complain about a service or decision
Appealing a decision on EHC assessments and plans
If you are not happy about any decision made about your child’s education, health and care plan (EHCP) or assessment for a plan, you can talk to us about why you are unhappy. Details on who to talk to will be included in any information sent to you.
You can also use a mediation service to help sort out disagreements. Having an independent person involved who can offer a different view can help all sides to agree on what to do next.
When we write to you about a decision to do with your child’s EHCP, we will give you information about independent mediation services available to you.
Before you appeal a decision you must be able to show that you have contacted a mediation service first.
You can also appeal to the Special Educational Needs and Disability Tribunal about any decision made on your child’s EHCP or assessment for a plan. You can also appeal to the tribunal if you are claiming disability discrimination against a school or us.
You can find out how to appeal at Gov.uk – SEN & Disability Tribunal .
Where can I get support?
Support in schools
Teachers at your child’s school or setting will help you with any questions you may have about Special Educational Needs and Disability.
Special Educational Needs Assessment and Review Team (SENART)
If you need further information or advice you can always contact our SENART.
Telephone: 01472 323166
Special Educational Needs and Disabilities Information, Advice, and Support Service (SENDIASS)
Telephone: 01472 355 365
North East Lincolnshire Parent Participation Forum
Telephone: 07583 474892
How do I find out about Financial support?
To receive financial support you will probably need to complete a Disability Living Allowance (DLA) claim form, which can be a difficult task. For a step by step guide to completing a claim form visit Cerebra – DLA guides . The guide will give you all the information you need and help you to answer every question on the form.
Make a complaint to us
If you have a complaint about Special Educational Needs and Disabilities in the Local Authority you can contact our Special Educational Needs Service Manager by email on firstname.lastname@example.org or by telephone on 01472 323236
Department for Education guidance
A guide for young people on how to resolve special education needs and disability (SEND) disagreements is available to read on Gov.uk – SEND Education Complaints for 16 -25s .
Decisions about provision for children and young people with Special Educational Needs (SEN) or disabilities should be made jointly by providers, parents, and children and young people themselves, with the views of children, young people and parents taken into account when those decisions are made.
Decisions about provision for children and young people with SEN should be made as soon as possible. However, where agreement cannot be reached, early resolution of disagreements benefits parents and young people and can avoid unnecessary stress.
Disagreement resolution services
Use of the disagreement resolution services is voluntary and has to be with the agreement of all parties. The service in North East Lincolnshire is provided by Community Accord, who are independent of the local authority.
Disagreement resolution services are available to parents and young people to resolve disagreements about any aspect of SEN provision, and health and social care disagreements during the processes related to Education Health and Care (EHC) needs assessments and EHC plans.
The disagreement resolution service is to help resolve four types of disagreement or to prevent them from escalating further:
- Between parents or young people and local authorities, the governing bodies of maintained schools and maintained nursery schools, early years providers, further education institutions or the proprietors of academies (including free schools). It focuses on how these authorities, bodies or proprietors are carrying out their education, health and care duties for children and young people with SEN, whether they have EHC plans or not.
- Disagreements between parents or young people and early years providers, schools or post-16 institutions about the special educational provision made for a child or young person, whether they have EHC plans or not.
- Disagreements between parents or young people and Clinical Commissioning Group’s (CCG) or local authorities about health or social care provision during EHC needs assessments, while EHC plans are being drawn up, reviewed or when children or young people are being reassessed. Disagreement resolution services can also be used to resolve disagreements over special educational provision throughout assessments, the drawing up of EHC plans, while waiting for Tribunal appeals and at review or during re-assessments.
- Disagreements between local authorities and health commissioning bodies. These disagreements do not involve parents and young people.
A decision by parents and young people not to use disagreement resolution services has no effect on their right to appeal to the Tribunal.
Disagreement resolution meetings are confidential and without prejudice to the Tribunal process and the Tribunal will disregard any offers or comments made during them.
Parents and young people can also use the complaints procedures set out in SEN The Code of Practice paragraphs 11.67 to 11.111 in addition to these disagreement resolution arrangements. There is no requirement to have used the disagreement resolution services before using those other complaints procedures, and disagreement resolution services can be used before, at the same time or after those procedures.
For more information about SEN Dispute Resolution and Mediation Services read the Community Accord SEN Leaflet (PDF, 298KB)
If parents or young people want it to, mediation can take place following decisions by a local authority:
- to not to carry out an EHC needs assessment
- to not to draw up an EHC plan
- after they receive a final EHC plan or amended plan
- following a decision not to amend an EHC plan
- following a decision to cease to maintain an EHC plan
The mediation arrangements are specifically linked to decisions about EHC needs assessments and plans.
Mediation on matters which can be appealed to the Tribunal
Parents and young people who wish to make an appeal to the Tribunal may do so only after they have contacted an independent mediation adviser and discussed whether mediation might be a suitable way of resolving the disagreement.
SEND Tribunal – Single Route of Redress National Trial
What is the National Trial?
The Government are extending 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) plans as part of a national trial. The trial will apply to decisions made or EHC plans issued/amended from 3 April 2018 and will run until August 2020, when a decision will be made on its continuation.
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 provision 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.
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 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 (LGSCO) or Parliamentary and Health Service Ombudsman (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 Trial places responsibility on local authority SEND teams to:
- Inform parents and young people of their new rights through decision letters and the local offer
- 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
- If a recommendation has been made, send the health and social care response letters to the evaluators at SENDletters@IFFResearch.com.
It also places responsibility on health and social care commissioners to:
- Respond to any request for information and evidence within the timeframe set by the Tribunal
- Send a witness to attend the hearing as required
- 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 previously listed 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 at GOV.UK – 1st Tier Tribunal SEN & Disability and further guidance can be found in the trial SEND Pathfinder – Toolkit of Support .
Taking part in the evaluation
There will be an independent evaluation of the trial to inform a decision on whether the new tribunal recommendation powers should be continued after the trial. The evaluation will run alongside the trial, from January 2018 to March 2021.
It is important that the evaluation is based on robust evidence, and the evaluators are therefore strongly encouraging participation from parents and young people. This could include taking part in a telephone or online interview just after the appeal hearing (or when the appeal process has been completed, if earlier), and then a follow-up interview 6 months later. These interviews will help the evaluators to gather the views of parents and young people on the appeal process, as well as identify how recommendations have been implemented and what the (early) impact has been.
Parents and young people that take part in the trial will receive a letter from the Tribunal explaining more about the evaluation and how their personal data will be stored confidentially and how it will be protected.
As a parent or young person, do I have to consider mediation as part of the trial?
Before you can register an appeal with the Tribunal, you must contact a mediation adviser within two months of the LA decision you wish to appeal and consider whether mediation might be a way to resolve your disagreement with the LA. If you want to appeal only about the school or other institution named in the EHC plan you do not have to contact a mediation adviser.
You can go to mediation about the health and social care elements of an EHC plan, but this is not compulsory. You can request recommendations about health and social care issues without having to receive mediation advice or attend mediation about those issues, provided there is also an education issue about which you are appealing.
Once a mediation adviser has been contacted, or once you have taken part in mediation, you will be issued with a certificate. This will be necessary if you are still unhappy and wish to progress to an appeal with the Tribunal. An appeal to the Tribunal must usually be made within two months of the decision about which the appeal is being made or one month following the issuing of the mediation certificate, whichever is the later.
If mediation resolves the educational issues, you will not be able to appeal to the Tribunal on any health and/or social care aspects of the EHC plan. However, mediation provides an opportunity for us to resolve disagreements and it can be completed more quickly than an appeal. It does not affect your right to make an educational appeal, and some aspects of the disagreement can go to appeal even when other aspects are resolved.
Families First Information Service, Civic Offices, Knoll Street, Cleethorpes, North East Lincolnshire, DN35 8LN
Telephone: 01472 326292 option 1
Opening times: Monday to Friday 8:30am to 4:30pm, except bank holidays