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Disagree with a special educational needs decision

You can appeal to a tribunal or make a complaint if you’re unhappy with your child’s Education, Health and Care (EHC) Plan or if you disagree with our decision not to assess your child or give them an EHC Plan. There are organisations that can help you if you’re not happy with other arrangements for your child’s special educational needs or disability.

Disagree with an Education, Health and Care (EHC) Plan

You can appeal to the First Tier Tribunal (Special Educational Needs and Disability) if you’re not happy with:

  • the education part of your child’s EHC Plan
  • our decision not to do an assessment
  • our decision not to create an EHC Plan

You'll need to make a complaint if you disagree with the social care and health parts of your child’s EHC Plan.

Before you appeal

You'll need to get mediation advice before you can appeal to the tribunal. 

You can get mediation advice from Global Mediation on 0800 064 4488. You won’t have to pay for this advice.

Exceptions 

You don’t have to get mediation advice if your disagreement is about:

  • the school or college named in your child’s EHC Plan
  • the type of school or college  - for example a specialist or mainstream school
  • no school or college being named in your child’s EHC Plan
  • a disability discrimination claim

After mediation advice

Once you’ve had mediation advice, you can decide whether or not you want to go to try mediation before making an appeal to the tribunal.

If you go to mediation

Global Mediation will refer you to mediation. 

If you don’t go to mediation

Global Mediation will give you a certificate to show you’ve taken advice and considered mediation. You’ll need to send this certificate to the tribunal if you want to appeal. 

Appeal to the Special Educational Needs and Disability Tribunal

Find out how to appeal to the tribunal

 

Also see

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