Appeal an EHC assessment decision
If a parent or carer, or young person is not happy with a decision made about an EHC needs assessment, or the contents of an EHCP, we will work with them to reach an agreed way forward.
There are 3 different options.
A way forward meeting
This is an informal discussion, normally held at your child or young person’s school with parents, the SEN officer and SENCO. These are normally held after a request for assessment has been declined or after a plan has not been issued to explain the reasons why and next steps.
Mediation and disagreement resolution services
Mediation is confidential and aims to resolve disagreements in a quick, informal way using a neutral third party, a mediator, to help reach a resolution that is agreed by all.
The mediator does not judge or impose a solution but ensures that any settlement is agreed between you and the local authority or relevant body.
The mediation will be held in a neutral location within 30 days of the local authority being told parents or young person would like mediation. The mediation arrangements are for those who are considering making an appeal to the First-tier Tribunal.
More about Medway's mediation service
A disagreement resolution service is an independent service available to parents or carer of all children and young people with SEND, not just those who are being assessed for, or have an EHCP. They are designed to help resolve disagreements about any aspect of SEND provision, and health and social care disagreements during the processes related to EHC needs assessments and EHCPs.
If the disagreement resolution meeting does not resolve all the issues, parents or carer, or the young person can still appeal to the First-tier Tribunal within the agreed time frame.
For disagreement resolution service contact Global Mediation.
Appeals to the First-tier Tribunal
If parents or carers or the young person is still not happy, they can lodge an appeal with the First-tier Tribunal.
Appeals to the First-tier Tribunal can be made when a local authority refuses to:
- carry out an EHC assessment or reassessment
- issue an EHCP after making an assessment or reassessment
- change the sections of an existing EHCP which are about education (sections B, F and I) usually following an Annual Review
- or decides that the pupil does not need an EHCP any more.
Before an appeal can be lodged to the First-tier Tribunal, parents or carers or the young person have to contact mediation services first.
Read about the national trial and single route of redress.