Guidance for parents and carers when they can't agree on an EHC Plan with the Local Authority

What if parents or carers and the Local Authority can't agree on an EHC Plan for a child or young person.

Sometimes it is decided that an EHC Plan is not needed to meet a young person's needs. Or there might be and EHC plan in place but you disagree with its contents or it being ceased. In these cases, the first point of contact is the EHC Coordinator in the SEND team. However, there are other options for you if you are not happy with the decision made. These teams want to work with you to address concerns and resolve issues.

Sutton Independent Advice and Support Service (SIASS)

• You can contact SIASS if you have concerns about the decision or if you have any questions.

• SIASS can provide independent advice on the options you have available.

• For more information, visit the SIASS directory page.

Mediation

• Mediation can be a helpful first route of redress if you disagree with the decision.

• You should receive the contact information for the Mediation provider. This will be at the bottom of the letter you receive with the decision.

• The Mediation provider works with those involved by allowing for a 'structured conversation' to take place. This allows parents, carers and the Local Authority to create a mutual action plan if possible.

• The Mediation provider is impartial, so mediators are neutral.

• Mediation does not take away the legal right to appeal to tribunal. It stops the two-month period you need to appeal in until mediation is complete. After this, you have another month to appeal.

• Families do not have to take part in mediation, but the satisfaction rate is high.

• It is encouraged that you take the offer of mediation. It can help to resolve issues positively and in a shorter time scale.

For more information on mediation, visit the Global Mediation Website [External Link].

Single Route to Redress

If you have an issue with the contents of an EHC Plan, it may be possible to ask the tribunal to look at the health and social care sections as well. There has to be a concern about the educational provision first though. Without this you can not use the SEND tribunal appeal. This is part of what is known as the 'Single Route to Redress'.

The Department for Education (DfE) provides more information on this:

• The Tribunal can make non-binding recommendations on these areas in EHC Plans. This means that health and social care commissioners do not have to follow the judgements.

• However, there must be a good reason to reject these recommendations. This is because they come from a specialist tribunal.

• Commissioners must write to the families within five weeks to let them know if they will follow the recommendations.

• If they do follow these, they have to explain the actions they will take.

• If they decide not to follow these, they must explain why.

• Parents and carers can still take their case to an ombudsman or a judicial review.

More Information and Support

• To learn about the single-route of redress, visit our SEND Tribunal Extended Powers page.

• For guidance, visit the GOV.uk SEND Tribunal: Extended Powers pages [External Link].

• For more information on what classes as a special educational concern, visit the GOV.uk Website [External Link].

• For more information about the Social Care Ombudsman, visit their website [External Link].

• For more information about the Health Service Ombudsman, visit their website [External Link].

SEND Complaints

The government website has lots of useful information on SEND complaints.

• If you are a young person aged 16-25, visit the GOV.uk SEND Complaints guide for young people [External Link]

• Matters that can be appealed will not form part of a complaint as the appropriate rout will be the appeal.

What is mediation?

What is the appeal process?