Education, Health and Care needs assessments
Janata Ali | 11.07.2019
Every parent wants the best for their child. If your child has Special Educational Needs (SEN), you’ll want to feel confident about the school they attend and the educational support they receive. If you disagree with decisions made by their school or Local Authority, you can appeal.
you can appeal their decisions at a Special Educational Needs and Disability (SEND) Tribunal. This is sometimes referred to as the First-Tier Tribunal.
You have two months from the date you receive their decision letter to appeal to the Tribunal. Before you appeal, you must show you have tried mediation first. To prove this, you’ll need to obtain a mediation certificate and your appeal must be made within a month of receiving it.
The Tribunal process for SEN appeals takes 12 weeks. You can see all the deadlines involved with the SEN process on our factsheet ‘Statutory deadlines concerning children with SEN’.
If you’re appealing against a refusal to issue an EHC plan or you disagree with the contents of a final EHC plan, you will be expected to attend a hearing. Although the hearing is informal, it is still a legal proceeding and you’ll need to provide evidence.
Successful appeals to the SEND Tribunal need meticulous preparation and strict attention to detail. The Local Authority will probably be represented by a barrister, so to improve your chances of securing the decisions you want, you should have the help of a solicitor.
Your solicitor must understand how to gather and present relevant evidence (for example, from witnesses who can support you with their particular areas of expertise). Our specialist solicitors have in-depth knowledge of education law matters, particularly SEN. We are very experienced in litigation and have dealt with some of the most complex education law cases the Tribunal deals with.
Although we only act for parents and families, some of our team have previously represented public sector organisations. This means we have valuable insight into how they reach decisions, and how best we can challenge them on your behalf.
education, special educational needs,