Education, health and care plans

5.Disagreements and mediation

On this page:

    Introduction

    If you disagree with a decision we’ve made about your child or young person’s education or training, you have the right to challenge it.

    For example, you may disagree with:

    • what is written in their education, health and care plan (EHCP).
    • a decision not to:
      • carry out an education, health and care (EHC) needs assessment or reassessment.
      • issue an EHCP.
      • change the EHCP after an annual review.

    What to do if you disagree

    This will guide you through the various steps you can take if you wish to challenge a decision.

    1
    What to do first

    In the first instance, discuss the decision with the following people to see if an agreement can be reached:

    You may also want to contact SENDIASS. They can explain how appeals processes work and provide impartial information, advice and support.

    2
    If you do not reach an agreement

    If you have been unable to reach an agreement, there are two services who deal with disagreements in relation to education, health and care assessments and plans.

    Disagreement resolution service

    The service will help parent carers and young people resolve disagreements about any part of education, health, and care (EHC) provision.

    Mediation service

    Mediation is an informal and voluntary process led by an independent person. It works best when everyone at the meeting wants to solve the disagreement and is ready to talk and agree.

    You can use mediation for any decision that could lead to an appeal to the SEND Tribunal, such as:

    • refusing to carry out an EHC assessment
    • refusing to issue an EHC plan after an assessment
    • deciding to stop an EHC plan
    • disagreeing about the needs described, the support needed, or the placement named in an EHC plan.
    Change of provider

    From 1 August, Community Accord will action any new referrals for disagreement resolution and mediation. You can find out more about this service on the Community Accord website.

    Referrals made before 31 July will continue with KIDS. If KIDS have already started working with a family or a session is arranged, they will support the case until it is finished. Find out more about KIDS mediation and disagreement resolution.

    Both of these service providers are independent of the council and free to access.

    3
    Appeal process

    If an agreement still cannot be reached, you can appeal to the Special Educational Needs and Disability (SEND) Tribunal.

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