Appeals
Information for parents about the Appeal (tribunal) process. The Send Code of Practice says that parents and young people can appeal against the Local Authority decision. 2 months from the date of the Local Authority final decision letter is the deadline for the appeal. Where parents and young people want to appeal to the Special Educational Needs and Disability Tribunal against a decision made by the Local Authority they may need to provide evidence to show that at least they have been advised about mediation and what it can offer. Whether or not mediation was attended, in most cases a mediation certificate will need to be provided to appeal. 30 days from the date of Certificate is the deadline to make an appeal to the SEND Tribunal
What can I Appeal ? Local Authority Refuses • refuses to arrange an EHC assessment • refuses to issue and Education Health and Care Plan (EHCP) • refuses to arrange a re-assessment, if the Local Authority has not carried one out in the last 6 months • decides to stop maintaining the plan • decides not to amend the EHCP following an annual review • decides not to change the plan following a re-assessment • If you disagree with a finalised EHCP, and you disagree with one or all of the following : – The special educational needs Section B – The provision Section F – The school/college/institution named in the plan, or the type of school/college/institution named in the plan Section I – The local Authority not naming a school/college/institution named in the plan Section I
*Stop Press! There is currently a national pilot study extending the SENDIST remit to include health and social care issues, rather than limiting it to just considering education issues. This called the ‘Single Route of Redress’ and means that parents can now challenge what is in an Education, Health and Care Plan in the sections concerning their child’s health and social care needs and provision, as well as challenging the sections for educational needs and provision. This will also have an effect on what is discussed in mediation meetings, and health professionals (eg Designated Medical Officer) representing the health commissioners may need to attend mediation meetings .
The routes to Mediation • LA must tell parents/YP of their right to go to mediation and how to do that. This information is provided in the letter that is sent to parents telling them of the decision made by the LA (eg to refuse to carry out an EHC needs assessment). • The letter should have the contact details of the mediation advisor (Global Mediation), and a brief explanation of how the mediation/tribunal process can be started. A further referral will be needed to the mediation provider (Kids, Together Trust) if the parent wishes to have a mediation meeting .
Mediation Contact details Global Mediation - Mediation advice 0800 064 4488. Website www.globalmediation.co.uk Email info@globalmediation.co.uk. Together Trust – Mediation facilitator 0161 283 4836. Website http://www.togethertrust.org.uk. Email drs@togethertrust.org.uk Kids – Mediation facilitator 0333 006 2835. Website https://www.kids.org.uk Email senmediation@kids.org.uk
Mediation within the Tribunal process Parents must provide a certificate to the tribunal to show that they have at least had advice about mediation. Some parents will want to attend a mediation meeting to try to resolve issues without having to make an appeal. The mediation certificate is issued either by the mediation adviser (Global Mediation) or by the mediation provider (Kids or Together Trust) after the mediation meeting.
Mediation within the Tribunal process Parents must provide a mediation certificate before lodging an appeal to SENDIST (the First Tier Tribunal) for the following : • Refusal to carry out an EHC needs assessment • Refusal to issue an EHCP • Refusal to amend the content of an EHCP • Refusal to reassess eg following annual review An appeal against the school named in Section I does not require advice to be taken from the mediation advisor, or a mediation meeting. However, what is written in other sections of the EHCP will inform the naming of a school, and parents are advised to appeal against the content of the EHCP as well as against the school place.)
START Lodging an Appeal with or without mediation Parent decides not to Parent contacts have a mediation mediation advisor meeting Certificate states date that mediation Parent decides to took place have mediation meeting Mediation certificate issued Mediation meeting Referral made to mediation provider Together Trust Kids Appeal lodged with Tribunal FINISH
Timescales • Mediation advisor must issue the certificate within 3 working days of parent/YP telling them they do not wish to have a mediation meeting. • Appeal must be lodged either within 2 months of the LA written decision (eg not to assess) or within 1 month of receiving the mediation certificate whichever is later. • If parent wishes to have a mediation meeting the LA must arrange for that to be held within 30 days of being told that, and must take part. Mediation certificate to be issued within 3 days after the meeting. • Once mediation Certificate has been issued a further 30 days from the date of the certificate is the deadline for lodging the appeal. • Please see the SEND37 how do I appeal information. (please make this a hyperlink)
What is Derby Information Advice and Support Service’s role in supporting parents/YP with the Appeal? Ensure Parent and YP understands what is Support with the grounds of the completing appeal appeal and what are forms and advice on the implications. what information will be required Explain any legal points Support with submitting evidence and attend the Tribunal
Tribunal Contact Details Download the appeal form you need from: • For appeals against a LA decision not to carry out an EHC assessment https://www.gov.uk/government/publications/form-send35a-special-educational- needs-and-disability-tribunal-appeal-a-refusal-to-secure-an-ehc-needs-assessment • For appeals against all other LA decisions https://www.gov.uk/government/publications/form-send35-special-educational- needs-and-disability-tribunal-appeal • Contact : SEN Tribunals : 01325 289350 First Tier Tribunal Special Educational Needs and Disability 1 ST Floor Darlington Magistrates Court, Park Gate, Darlington DL1 1RU
Ask Derby Information Advice and Support Service Email us on : SENDIASS@derby.gov.uk Telephone us on : 01332 641414 Website:
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