Mediation and Tribunals
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Refusal to conduct an EHC needs assessment
Refusal to issue an EHC plan following a needs assessment
Section B, Section F and Section I of a final EHC plan
Decision to cease to maintain an EHC plan
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The deadline to lodge an appeal is two months from the date on the decision letter, or one month from the date on a mediation certificate, whichever is later
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We can support you to understand documentation around mediation and Tribunals, such as mediation certificate and case directions.
We can support you in finalising your evidence and sending it to the Tribunal
We can support you with completing your working document.
At the hearing we can act as your supporter, but we are not there to present your case or advocate your child's needs.
We can advise you on your options and support you through the process, but it is important to remember that it is your appeal
You have the right to choose to attend a mediation meeting with the local authority. If you wish, you can appeal straight to the SEND Tribunal.
What is mediation?
Mediation is a more informal way of resolving a dispute between yourself and the local authority. It involves meeting with a representative from the LA with a trained mediator present
What is a Tribunal?
The SEND Tribunal is an independent body which specifically hears appeals from parents or young people against decisions made by a LA regarding the special educational needs of children and young people and the provision they require.
Lodging your appeal
There are different appeal forms depending on what you are appealing
If you are appealing a refusal to assess decision, you can lodge an appeal using the SEND35a form
If you are appealing any other decision, you can lodge an appeal using the SEND35 form
We have created a webinar which explains how to complete a SEND35 form - watch the webinar here
Send your appeals form to the SEND Tribunal. You are advised to do this via email to send@justice.gov.uk
Downloadable Resources
Guidelines for parents/carers looking for support with tribunals/dispute
Routes for Disagreement Resolution
Disagreement Resolution Services
Appeal Process - How to complete a SEND35 form
Appeal Process - Refusal to issue an Education, Health and Care (EHC) Plan
Appeal Process - Guidance following email received from Tribunal when registering an appeal (SEND35)
Appeal Process - Consent Orders
Case Review Guidance - Refusal to Assess
Useful Links
Special Educational Needs and Disability Tribunal forms - GOV.UK (www.gov.uk)
Legal aid: Overview - GOV.UK (www.gov.uk)
(IPSEA) Independent Provider of Special Education Advice
First-tier Tribunal (Special Educational Needs and Disability) - GOV.UK (www.gov.uk)