Appeals and mediation about EHC plans

Update regarding hearing timescales

We are aware that some appeals are being listed by the First Tier Tribunal with hearing dates approximately one year away.

Unfortunately, this is out of our control, however we remain committed to working with you during this time to resolve disagreements sooner where possible.

Most disagreements about special educational provision can be resolved by talking with us, the educational setting and/or professionals who work with the child/young person.

We will always try to sort out disagreements as soon as possible, without the need for appeal. Together with you, we hope we can help resolve matters quickly and effectively. This doesn't affect your right of formal appeal and indeed, the two can run in parallel.

Whilst we can't promise that we will agree to everything, we will listen and do what we can to help and reach agreement.

We know that sometimes it can be difficult to reach an agreement, so we have included information below regarding arrangements for mediation and registering an appeal to the SEND First Tier Tribunal alongside services that can help you.

Way Forward Meeting

A Way Forward meeting is a meeting between families and SEND professionals to discuss how best to support a child with SEND when an Education Health and Care (EHC) request has not been agreed.

The Way Forward meeting will be held as soon as possible after a decision not to assess has been made. We hope that they will offer a forum for everyone to work together to create a Way Forward Plan that supports the child to make progress and thrive.

Way Forward meetings are voluntary for parents and do not prevent them from accessing mediation or their right of appeal.

Mediation

Mediation can help you sort out disagreements without having to appeal. If you do have mediation, and you're still not happy, you still have the right to appeal.

Mediation is a confidential process designed to resolve disputes using a neutral third party to facilitate a settlement.

If your appeal is about an EHC needs assessment or the education part of an EHC plan, you must get mediation advice. If you don't want mediation, the mediation service will give you a certificate to give to the Tribunal when you lodge your appeal.

Children and young people can take part in mediation with their parents and carers. Young people over 16 can ask for mediation themselves, or their parents can ask on their behalf.

If parents or young people want it to, mediation can take place following decisions by a local authority:

  • not to carry out an EHC needs assessment
  • not to draw up an EHC plan
  • after they receive a final EHC plan or amended plan
  • following a decision not to amend an EHC plan or
  • a decision to cease to maintain an EHC plan.

However, if you wish to appeal about a named school or setting, or type of school or setting, there is no requirement to go through mediation beforehand.

Global Mediation is the independent mediation contact for Surrey. They aim to resolve disputes locally. More information is available on their website or by phone 020 8441 1355. Their postal address is: Global Mediation Service, 8 Lytton Road, New Barnet, Barnet, EN5 5BY

At the same time, you can exercise your right to appeal against this decision to the First Tier Tribunal.

Appealing to the SEND First Tier Tribunal

If mediation isn't successful, or if you don't want mediation, you can appeal to the SEND First Tier Tribunal.

The SEND First Tier Tribunal is an independent body who hear and decide on registered appeals concerning our decisions relating to special educational needs and Education, Health and Care (EHC) plans.

Parents, carers and young people can register an appeal to the SEND Tribunal regarding a range of our decisions.

These include:

  • A decision to not complete an EHC assessment of a child/young person's needs
  • A decision to not issue an EHC plan
  • A decision to not complete a re-assessment for a child/young person who already has an EHC plan
  • A decision not to amend an EHC plan following a review or re-assessment
  • A decision to cease to maintain an EHC plan
  • The description of the child/young person's special educational needs in an EHC plan (Section B)
  • The special educational provision specified in an EHC plan (Section F)
  • The school or other educational institution named in an EHC plan (Section I)

How to register an appeal

To register an appeal, you must first contact an independent mediation advisor and obtain a 'mediation certificate' to show the SEND Tribunal you have done so. The mediation advisor will be able to provide you with further information regarding the process relating to mediation, so you can make an informed decision as to whether you want to participate in this or not.

You will need to provide the SEND Tribunal with a mediation certificate to show that you have contacted the mediation advisor, even if you decided not to go to mediation.

You will not need a mediation certificate if any of the following exceptions apply:

  • If the appeal is only against the wording in section I (type/name of setting) of the EHC plan
  • If the appeal is only against Sections C, D, H, G (Health and Social Care elements) of the EHC plan

You must register your appeal with the tribunal within 2 months of the date on your decision letter or a month from the date of the mediation certificate – whichever is later.

Extended Appeal

You can ask the SEND Tribunal to make recommendations about the Health and Social Care elements of the EHC Plan (sections C, D, G and H).

The Extended Appeal element of the SEND Tribunal replaces what was previously known as the National Trial.

You can read more about the Extended Appeal element of the SEND Tribunal on the UK Government website: Guidance overview: SEND tribunal: extended appeals.

Exceptions

The SEND Tribunal process does not enable parents/carers and young people to register an appeal about the following:

  • Matters relating to transport
  • Section A – the views, wishes and aspirations of the child and parents/carers or the young person
  • Section E – outcomes to be achieved by the child / young person detailed within the EHC Plan
  • Section J – dealing with personal budgets and direct payments.

Help and further information

We know that appealing to the SEND Tribunal can be a complicated process to navigate. You can contact Surrey County Tribunal Team by emailing send.appeals@surreycc.gov.uk.

We have also included links to the following services and websites who may be able to provide advice and/or support you during the process of appealing an EHC Plan.

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