Resolving disagreements about EHCPs
If you're unhappy with a decision not to assess your child for an EHCP, or if you disagree with a decision made about the contents of your child's EHCP, then your first step would be to discuss this with your SENCo or a member of the SEND team. You can find out more about contacting the SEND team, including what to do if you haven't had a response, on our Who should I contact about my child's EHCP page.
For free and impartial advice on EHCPs, you could contact the SENDIASS team, or take a look at the EHCP advice and information on the SENDIASS website.
The SEND Resolution Team
We have a dedicated SEND Resolution Team who are there to help resolve disagreements relating to a child or young person's EHCP. They will listen to your concerns, and work to resolve disagreements between you and the service. You can contact them at any time in the EHCP process by emailing SENDResolutions@hertfordshire.gov.uk.
You could consider using the Disagreement Resolution Service if you still feel unhappy with the decisions made about your child's EHCP. This is an external and independent service and offers a voluntary and confidential way to resolve disagreements.
Mediation is a type of disagreement resolution for disagreements that can be appealed to the SEND tribunal.
What types of disagreements can be appealed to tribunal?
The SEND Code of Practice says that parents and young people can appeal to the Tribunal about:
- a decision by a local authority not to carry out an EHC needs assessment or re-assessment
- a decision by a local authority that it is not necessary to issue an EHC plan following an assessment
- the description of a child or young person’s SEN specified in an EHC plan
- the special educational provision specified, the school or other institution or type of school or other institution (such as a mainstream school/college) specified in the plan or that no school or other institution is specified an amendment to these elements of the EHC plan
- a decision by a local authority not to amend an EHC plan following a review or re-assessment a decision by a local authority to cease to maintain an EHC plan” (11.45)
You can find out more about appeals to the Tribunal in the SEND Code of Practice (sections 11.39 to 11.55). SENDIASS can explain the appeal process to you and provide impartial advice and support. Further information can be found on the SENDIASS website.
To appeal to tribunal you must contact mediation first. It is a free and confidential service where an independent mediator manages the discussion to help you and the SEND team try to reach a resolution. If you're not happy with the outcome of mediation, then you will have an option to appeal to tribunal.
For free and impartial advice on tribunals, you could contact the SENDIASS team, or take a look at the EHCP advice and information on the SENDIASS website.
Our complaints processes do not apply if you wish to complain about a matter which has been in Court previously, is in Court presently, or will be in Court in the future. You also cannot use the local authority's complaints processes to complain about a matter which you can appeal to a Tribunal about, as this is also a legal process.
If your child already has an EHCP but you feel that provision for them is not being made as specified in Section F of the EHCP, you can contact the Complaints Team for Children's Services. We have a duty to investigate and the Complaints Team does this by undertaking a Section F Provision Checklist which evaluates whether the provision is in place and how the school or setting is delivering this in accordance with the EHCP. If any provision is found to be lacking, then we will set out within the Checklist and a covering letter what will be done to correct this and a timescale for doing so. You can request that we investigate by contacting the Complaints Team for Childrens Services.
After this, if you still feel that the provision is not being made as specified within the EHCP, then you may approach the Local Government and Social Care Ombudsman (LGSCO).
There are other legal routes you may want to consider if you feel that all other avenues have been explored. For example, you can ask a court to look at the decision made by a public body (eg. the local authority) and decide whether it was made in a lawful, fair and reasonable manner.