Appeals, mediation and resolving disagreements

When you disagree with a Local Authority (LA) decision, it’s important to understand your options.

If you disagree with any decision the LA makes, we advise contacting your SEN Caseworker or the Special Educational Needs Team:

Having a conversation with your SEN Caseworker and asking questions about decisions can resolve many disagreements.

Understanding the situation

It's important to know what information helped the LA to make the decision you disagree with; you can ask for copies of documents to help you understand this, including consultation responses from settings and professional reports.

Knowing the background information will help you decide what options you (or the young person) have next.

Section 51 of the Children and Famlies Act 2014 sets out 6 reasons a young person, parent or carer can 'appeal to tribunal':

  1. Decision not to assess - the LA does not agree to an EHC needs assessment.
  2. Decision not to issue - the LA has done an EHC needs assessment, but decides based on the evidence that an EHCP is not necessary.
  3. Contents appeal - where you disagree with the contents of Section B (special educational needs), Section F (special educational provision) and/or Section I (the setting or type of setting named) of a final EHCP.
  4. Decision not to re-assess - the LA does not agree that a full reassessment of EHC need is necessary.
  5. Decision not to amend - the LA does not agree to change the final EHCP after a re-assessment.
  6. Decision to cease - the LA plan to close the EHCP because it is no longer necessary.

The 6 reasons above can include Health or Social Care concerns too.

Issues such as banding decisions, funding decisions, transport, resource panel decisions or complaints cannot be heard at tribunal or discussed at mediation. If you would like to understand your choices on other disagreements or appeals not relating to tribunal (such as appealing a school when your child or young person is on the SEN Register, or you want advice about appealing a permanent exclusion), we welcome you to contact us via referral. Email: yorksendiass@york.gov.uk, or telephone: 01904 554312 to leave a message, and we'll share some different information.

Mediation

If you have spoken to the SEN Caseworker and still disagree with the LA, you can take your disagreement to mediation. Mediation is a type of disagreement resolution. The service is free and confidential.

You must do this within 2 months of the decision being made - use the date on the LA letter from your SEN Caseworker. 

If your disagreement is about the setting named in a final EHCP only (Section I), then you do not need to contact mediation and can lodge your appeal straight away. For all other disagreements you must contact mediation to discuss your choices.

The Mediation Service in York is provided by KIDS Mediation, telephone: 03330 062835, or email: senmediation@kids.org.uk.

During your Mediation Information and Advice Session (MIAS), which can be by telephone or email, the advisor will discuss what your key issues are, and what mediation might help with.

You can then ask the advisor to:

  • arrange a mediation meeting (within the next 30 days), or,
  • ask for a mediation certificate, if you would prefer to go straight to appeal

If you choose to mediate, you can contact York SENDIASS for a 'mediation preparation meeting' to help you get ready.

During your online mediation meeting a mediator will:

  • try to help you and explain what to expect
  • make sure you have time to say what you disagree with, and why
  • give your supporters time to talk (maybe school staff, family or friends)
  • give the SEN Caseworker time to talk

This might lead to an agreement.

If there is no agreement you will be given a mediation certificate within 3 working days so you can lodge your appeal to the SEND Tribunal, if you choose to.

Appealing to the SEND Tribunal

If your disagreement with the LA is about one of the 6 reasons Section 51 of the Children and Famlies Act, you can choose to appeal to the SEND Tribunal and ask that a judge makes the final decision.

You will lose your right to appeal a decision if you do not make your appeal within 2 months of the original decision by the LA, or within 1 month of the date of the mediation certificate, whichever is the latest. It is important to take note of your deadlines.

The right of appeal moves to the young person when they reach the end of compulsory school age; the last Friday in June in the year the child turns 16, but with their consent their parents or a carer can support.

Making an appeal is free and most families and young people choose to represent themselves, although you can have legal representation. This can be found privately with a legal representative specialising in SEND Law or you may be able to get free Legal Aid.

Use online forms to lodge your appeal to the SEND Tribunal - A 'Decision not to assess' appeal uses the 'SEND 35 A' form, whereas all other appeals use the 'SEND 35' form.