When do I have a right of appeal to the SEND tribunal?
You can appeal to the SEND tribunal if you disagree with a decision the Local Authority (LA) has made about your child’s Education, Health and Care (EHC) needs. You can appeal when:
- the LA refused to carry out an EHC needs assessment
- the LA refused to issue an EHCP
- you disagree with the contents of the EHCP (Sections B, F or I)
- the LA has decided to cease (end) the EHCP
This means you have a legal right to challenge the decision and ask an independent tribunal to look at what is best for your child.
What happens first?
The first step is mediation. You must obtain a mediation certificate as you are unable to appeal to the first tier SEND tribunal without this document. If your appeal is for section I only, you won’t need a mediation certificate.
Here you have two choices, you can either:
- get a mediation certificate to show that you have considered mediation but wish to proceed straight to appeal, or
- ask for a mediation meeting with the LA to discuss your case face to face, to see if the Local Authority will reconsider their decision
For both options, you need to call Global Mediation on 0800 064 4488.
Important deadline
You must contact Global Mediation within 2 months of the date of your decision letter. Mediation should be arranged by them within 30 days.
What happens in a mediation meeting?
Mediation allows all parties to discuss the case face to face. The meeting will be chaired by a mediator, who is impartial and will have knowledge of SEND law. The mediation will include the family, an LA representative and anybody that the family choose to attend. This is your chance to explain why you believe the LA’s decision is wrong and to bring any additional or new evidence that they may not have seen. Following the mediation, the mediator will draw up a mediation agreement which will list the actions that have been agreed.
If the mediation does not allow you to reach an agreement with the LA, you will be issued with a mediation certificate. This will allow you to lodge an appeal with the first tier SEND tribunal.
