The First-Tier Tribunal (for SEND) is responsible for handling appeals against local authority decisions regarding special educational needs. This might include a refusal to:
- assess a child’s educational, health and care (EHC) needs
- make a statement of their special educational needs
- reassess their special educational needs
- create an EHC plan
- change what’s in a child’s special educational needs statement or EHC plan
- maintain the statement or EHC plan
It also handles appeals against decisions to refuse people under 18 in custody:
- an EHC assessment
- an EHC plan after assessment
- a placement to a suitable school or other institution after their release
The SEND Tribunal also handles appeals against discrimination by schools or local authorities due to a child’s disability.
If you Disagree with an EHC Decision:
Stage 1 - Support:
In the first instance, parents and young people can access informal support with disagreements through IASS.
Stage 2 - Disagreement Resolution:
In Northamptonshire, Disagreement Resolution Services are usually provided by KIDS and the Together Trust. These should be accessed via Global Mediation Ltd.
Stage 3 - Mediation:
Before bringing an appeal to the SEND Tribunal, you must consider mediation. This does not mean that mediation is compulsory, but it must be considered. The exception is if you are only appealing about the school or college placement (or if no school or college has been named). In Northamptonshire, Mediation Services are provided by Global Mediation Ltd.