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Guidance for Parents/Carers who don't agree with an Education and Health Care Plan decision

Find out more information on how to appeal the Local Authority's decision and how to access mediation.

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What if you don't agree with the Local Authority (Cognus SEND team) on an Education, Health and Care (EHC) Plan?

You have the right to appeal decisions about EHC Plans that you are not happy with. This includes if an EHCNA is not carried out or if an EHC Plan is not given.

You must consider mediation before registering an appeal with a First-tier tribunal. You must contact the mediation adviser (which can be found in the letter confirming the Local Authorities decision). This also must be done within two months of the date on the letter containing the decision you want to appeal. Once you have received the information on mediation, you can choose to request mediation or go straight to appeal with the certificate you will be sent by the mediation adviser.

If you only want to appeal about the named education setting you do not have to contact a mediation advisor. You can also request mediation about the health and social care elements. You can ask for health and social care recommendations or have mediation on this as long as you are appealing an educational issue. The Local Authority arranges mediation for educational or social care issues. If there is a health issue, the health commissioning body must take part in the mediation. You must get a mediation certificate to form part of your appeal.

Once you have a certificate, you can appeal with the tribunal if you are still unhappy. This appeal must be made either:

  • Within two months of the date on the letter containing the initial decision.

  • Within a month of receiving the mediation certificate.

The deadline is whichever of the two options is the latest.

Mediation may resolve the educational issues. If this is the case, you cannot appeal to Tribunal for any health or social care issues. Mediation is an opportunity to resolve all disagreements though. It is often faster than appealing to Tribunal. Mediation does not affect your right to make an appeal. It is also important to note that some aspects can still go to appeal even if others have been resolved.

Local Resolution

You have options if you have concerns about the Local Authority's decision.

Both teams can work with you to address any concerns that you may have. They can help in reaching a resolution for all parties involved.

Further information