What if you don't agree with the Council on the EHC Plan
What if parents/carers and the Local Authority can't agree on an EHC Plan for a child/young person
Should the Local Authority (LA) decide not to issue an EHC Plan for your child or young person, the LA will notify you in writing within 10 weeks of the start of the EHC Needs Assessment process. Under these circumstances, you can consider mediation and register an appeal with the Special Educational Needs and Disability (SEND) Tribunal.
You will also be provided with information for a mediation service called Global Mediation and this is the pathway to formal mediation and a requirement to obtain a mediation certificate which would form part of your appeal.
If mediation resolves the appealable educational issues, the parent or young person will not be able to ask the Tribunal to make recommendations on any health and/or social care aspects of the EHC plan
If the parent wishes to mediate about education or social care, the LA must arrange the mediation through the mediation provider (even if the parent also wants to mediate about health). The health commissioning body or bodies must take part in the mediation arranged by the LA if the mediation is about the health element of the plan as well as either the education or social care parts of the plan.
Should you have any concerns about the LA’s decision, we would recommend that you talk to a member of the SEND Services, or Sutton’s Information, Advice and Support Service (SIASS) which is independent of the council and provides impartial advice. Both teams can work with you to address any concerns that you may have, and to reach a satisfactory resolution for all parties.
- SEND Team
- Email: email@example.com
- Phone: 020 8323 0453 / 020 8323 0454
- Email: firstname.lastname@example.org
- Phone: 020 8323 0462
More information can be found at:
- Follow the link to your local Information, Advice and Support Service (IASS) website (external link). IASS can provide free, impartial advice about the law on SEND, local SEND arrangements and support, the trial and your rights. It can provide support with managing appeals, including support with preparing cases and attendance at hearings.
- Follow the link to GOV.UK (external link) – This includes advice on making SEND appeals to the Tribunal and links to the appeal form.
- Download the Government publication "SEND tribunal:extended appeals. Guidance for local authorities, health commissioners, parents and young people" (PDF 384KB)
- Follow the link to National trial toolkit (external link) – Key information and resources will be shared as the trial progresses, including a frequently asked questions and answers sheet.
- You will also be provided with information for a mediation service called Global Mediation and this is the pathway to formal mediation and a requirement to obtain a mediation certificate which would form part of your appeal.