Disagreements and Complaints

Wherever possible issues and disagreements should be discussed and resolved at the earliest opportunity. This may be an informal chat with a teacher, social worker or health professional initially. Schools, colleges and services will have their own published policies and/or guidance for addressing complaints and disagreements and the arrangements described below are not intended to replace these.

However, there may be instances where a more formal opportunity for meeting with those involved in supporting children and young people with special educational needs and/or disabilities, helped by a neutral third party, is required. This meeting would include the parents and carers and may also involve the children and young people themselves.

This page sets out the different processes available in line with the SEND Code of Practice 2015 and updated to include the Extended Appeal which came into force in August 2021.

Disagreement Resolution Service (DRS)

DRS is the process for exploring and addressing issues about any aspect of special educational provision, including health and social care disagreements. The child or young person does not have to have, or be in the process of being assessed for, an Education, Health and Care Plan in order to access the disagreement resolution process. It is intended to provide a quick way to resolve disagreements.  

Global Mediation Ltd provide a Disgareement Resolution Service in the East Midlands. This service is free of charge to families. 

Tel: 0800 064 4488 or from a mobile phone at local rate on 0208 441 1355

Email:  sen@globalmediation.co.uk

For more information on Global Mediation Ltd please click here or on the image below:

Global Mediation

Mediation

Mediation Services are focused on issues and disagreements relating to the Education, Health and Care (EHC) process. Families have the right of appeal to the First Tier tribunal if they disagree with a Local Authority LA) decision within the EHC process, e.g:

  • The LA decides that an EHC needs assessment is not necessary
  • After an EHC needs assessment is completed, the LA decides that an EHC plan is not necessary
  • Other changes to the EHC plan following the Annual Review process

Before you can register an appeal with the Tribunal, you must contact a Mediation Adviser to consider whether mediation might be a way to resolve the disagreement. If you want to appeal only about the school or other institution named in the EHC plan you do not have to contact a Mediation Adviser.

You can go to mediation about the health and social care elements of an EHC plan, however this is not compulsory and you can request resolutions to health and social care issues without having to receive mediation advice or attend mediation, provided there is an education issue to be resolved. 

The mediation service will give you a certificate.  This will be necessary if you wish to appeal to the Tribunal. An appeal to the Tribunal must usually be made within two months of the decision about which the appeal is being made or one month following the issuing of the mediation certificate, whichever is the later. 

Global Mediation Ltd was appointed to provide mediation advice in the East Midlands. This service is free of charge to families. 

Tel: 0800 064 4488 or from a mobile phone at local rate on 0208 441 1355.

Email:  sen@globalmediation.co.uk

For more information on Global Mediation Ltd please click here or on the image below:

Global Mediation

 

 

 

 

 

 

 

If mediation resolves the educational issues, you will not be able to appeal to the Tribunal on any health and/or social care aspects of the EHC plan.  However, mediation provides an opportunity for us to resolve disagreements and it can be completed more quickly than an appeal.  It does not affect your right to make an educational appeal, and some aspects of the disagreement can go to appeal even when other aspects are resolved. 

Parent cares guide to mediation flow chart.jpg

Appeal to the First Tier Tribunal

What is the First Tier Tribunal?

The First Tier Tribunal is an independent national tribunal, which hears appeals against Local Authority (LA) decisions about the special educational needs of children and young people.


What reasons can I appeal a decision?

You can make an appeal to the SEND Tribunal for the following reasons if an LA:

  • refuses to carry out an EHC Needs Assessment or re-assessment;
  • refuses to issue an EHC Plan;
  • issues or amends an EHC Plan but you disagree with any or all of Section B (special educational needs), Section F (special educational provision) or Section I (placement);
  • decides not to amend an EHC Plan after an annual review;
  • Ceases to maintain the EHC Plan.

Who can appeal a decision?

If the decision concerns a child, it is the parent who has the right of appeal. If the decision concerns a young person over statutory school age (16-25), then it is the young person who has the right of appeal. However, if there is an agreement that a young person does not have the capacity to make the appeal, in most cases a parent will be the 'alternative person' and can register the appeal.


You must consider mediation before an appeal

Before taking an appeal to the SEND Tribunal, you must consider mediation. This does not mean that mediation is compulsory, but it must be considered. Families will need a certificate to show that they have at least considered mediation prior to lodging an appeal, or a certificate to say they have taken part in mediation. The exception to this is if you are appealing only about the school or college placement, or where no school or college is named and you are appealing about that fact.

Details of the mediation service can be found in the drop down section above on this page.


Further guidance and appeal forms

For further guidance on the First Tier Tribunal please click here   https://www.gov.uk/courts-tribunals/first-tier-tribunal-special-educational-needs-and-disability .

To access the appeal forms please click here   https://www.gov.uk/government/collections/special-educational-needs-and-disability-tribunal-forms

Parent carer guide how to appeal at a tribunal flow chart.jpg

Parents carers guide how to appeal at a tribunal leaflet.jpg

SEND tribunal - Extended Appeals

The First-tier Tribunal can make non-binding recommendations about the health and social care aspects of Education, Health and Care (EHC) plans. 

Previously, you have only been able to appeal the educational aspects of EHC plans.  The extended powers given to the SEND Tribunal, maintains your right to request recommendations about the health and social care needs and provision specified in EHC plans, in addition to the educational aspects, when making a SEND appeal. This gives you the opportunity to raise all your concerns about an EHC plan in one place.

It is only possible for the Tribunal to consider the health and/or social care aspects of the EHC plan where you are already making an appeal in relation to the education aspects of the EHC plan. 

Young People Complaints/Disputes

If you are a young person aged 16 -25 in school or college and have a complaint or dispute about the education provision you are receiving and need help to sort these problems out you can access guidance on this called 'SEND Complaints: A Guide for Young People In Education' You can view it by please clicking here or on the icon below:

A Guide for Young People in Education on how to resolve SEND Disagreements.

The Local Government Ombudsman

The Local Government and Social Care Ombudsman (LGSCO) looks at complaints about councils and some other authorities and organisations, including education admissions appeal panels.The service is free, independent and impartial. You can go to their website by clicking here: LGSCO

PLEASE NOTE: Before you make a complaint to the Local Government and Social Care Ombudsman you first must have made a complaint to the Local Authority for them to investigate and try and put things right. For further information on how to make a complaint about Nottinghamshire County Council Services, including school admission, please go to the Nottinghamshire County Council website.

 

Information, Advice and Support Services (ASK US Nottinghamshire)

Information, Advice and Support Services (IASS) offer free, impartial and confidential information, advice and support to disabled children and young people, and those with SEN from birth to 25, and their parents/carers. They are statutory services, which means there has to be a service in every Local Authority. In Nottinghamshire the service if offered by Ask Us. Watch this animation, which explains all of the support on offer from IASS:


Ask Us Nottinghamshire

Ask Us Nottinghamshire offer the following support services for parents/carers of children and young people with SEND:

  • Telephone helpline.
  • Face-to-face support.
  • In-depth casework support for parents including attendance at education-related meetings.
  • Support to request EHC Needs Assessment and with the EHCP process and appeals.
  • Advice and support relating to exclusions of children/young people with SEND.

Ask Us Nottinghamshire can be accessed via email: enquiries@askusnotts.org.uk or tel: 0800 1217772

Downloads

  1. Parent carer guide how to appeal at a tribunal flow chart
  2. Parent cares guide to mediation flow chart
  3. Parents carers guide how to appeal at a tribunal leaflet

Page last reviewed: 05/02/2024

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