Guidance for Parents/Carers who don't agree with an Education and Health Care Plan decision

What if you don't agree with the Council on an Education, Health and Care (EHC) Plan?

You have the right to appeal decisions about EHC Plans that you are not happy with. This includes if an EHCNA is not carried out or if an EHC Plan is not given.

You must consider mediation before registering an appeal with a First-tier tribunal. You must contact the mediation adviser in the letter confirming the Local Authorities decision. This also must be done within two months of the decision you want to appeal.

If you only want to appeal about the named education setting you do not have to contact a mediation advisor. You can also request mediation about the health and social care elements. This is not compulsory though. You can ask for health and social care recommendations or have mediation on this as long as you are appealing an educational issue. The Local Authority arranges mediation for educational or social care issues. If there is a health issue, the health commissioning body must take part in the mediation. You will receive information for Global Mediation. This is a mediation service that you can use. You must get a mediation certificate to form part of your appeal. For more information, visit the Global Mediation website [External Link].

Once you have a certificate, you can appeal with the tribunal if you are still unhappy. This appeal must be made either:

• Within two months of the initial decision.

• Within a month of receiving the mediation certificate.

The deadline is whichever of the two options is the latest.

Mediation may resolve the educational issues. If this is the case, you cannot appeal to Tribunal for any health or social care issues. Mediation is an opportunity to resolve all disagreements though. It is often faster than appealing to Tribunal. Mediation does not affect your right to make an educational appeal. It is also important to note that some aspects can still go to appeal even if others have been resolved.

Local Resolution

You have options if you have concerns about the Local Authority's decision.

• The SEN Team - Email the SEN Team or call them on 020 8323 0453 / 020 8323 0454.

• SIASS - Email SIASS or call them on 020 8323 0462. To find out more, visit SIASS' directory page.

Both teams can work with you to address any concerns that you may have. They can help in reaching a resolution for all parties involved.

Further information

• The government had more information on the First-tier Tribunals. To learn more, visit the GOV.uk website [External Link].

• The government also has published guidance for extended appeals to tribunals. To read this guidance, visit the Gov.uk website [External Link].

• Key information and resources will be shared as the trial progresses. This includes a frequently asked questions and answers sheet.