If you disagree with your child's EHCP, you can either accept, request mediation, or appeal to SENDIST, each requiring thorough review and preparation, in this article Anna explains the ins and outs of each step of the process.
Following an EHC needs assessment, if your Local Authority (LA) make the decision to issue an EHCP, they will send you a draft plan. You have 15 days to respond to this and following this, your Local Authority will finalise your plan.
After each Annual Review, your LA must make a decision whether they are going to make amendments to your child’s EHCP or not. If they decide to make amendments, they will send you a draft plan, showing the proposed amendments. You have 15 days to respond to this. Following this, your Local Authority will finalise your plan.
This blog will explain your options if you are not happy with the identification of needs (Section B) and provision (Section F) in your finalised EHCP following an EHC Needs Assessment or an Annual Review.
It is worth noting that overall, 98% of parents who appeal to SENDIST (Tribunal) find that SENDIST rule in their favour.
If your LA have not included all professional identification of your child’s needs (Section B) or the provision they require to meet these needs (Section F) you should consider challenging this.
What are My Options:
If you are not happy with the contents of Section B (needs) and Section F (provision) in your child’s EHCP, you can:
1. Accept the decision and work with the school through the Annual Review process to get the necessary changes made to your EHCP.
2. Request mediation to discuss this decision with the LA and ask them to reconsider.
3. Appeal to SENDIST (Tribunal).
1. Accepting the Decision
Conduct a thorough review of your child’s EHCP or have this done professionally to identify all the deficits in the wording and identification of needs and provision in Sections B and F of your EHCP.
These webinars and extensive support packs will support you to identify all the necessary improvements to Sections B and F of your EHCP -
Familiarise yourself with the Annual Review process and prepare reports to evidence the changes needed to your child’s EHCP.
This webinar and extensive support pack will support you to do this -
You can also request changes to Sections C, D, G & H (the Health and Social Care Sections) and Section A (Parent and Child’s Section) of your EHCP at the Annual Review.
2. Using Mediation
You have a right to request mediation within 2 months of the date on the letter from the LA sent with your final EHCP. To request, ring the number on the LA letter and ask them to arrange mediation.
Mediation is an informal way of trying to settle the dispute between you and the LA. There is no financial cost, and an independent mediator will support you and the LA to discuss your child’s case and review the decision the LA made.
Before attending mediation to request improvements to the contents of your child’s EHCP, you need to prepare your case. You need to prepare for mediation by identifying the deficits in the wording and identification of needs and provision in Sections B and F of your EHCP. To do this you will need to conduct a thorough review of your child’s EHCP or have this done professionally.
These webinars and extensive support packs will support you to identify all the necessary improvements to Sections B and F of your EHCP -
You will be issued with a mediation certificate at the end of mediation. If the LA refuse to make the changes necessary to your child’s EHCP, you have one month from the date of the mediation certificate to submit an appeal to SENDIST.
You can also request changes to Sections C, D, G & H (the Health and Social Care Sections) and Section A (Parent and Child’s Section) of your EHCP at mediation.
3. Appealing to SENDIST
You can go straight to appeal as soon as your LA finalise your EHCP, or after attending mediation. You do not have to go to mediation first, but you do have to consider using mediation. If you consider it and decide that you do not want to mediate, but lodge an appeal immediately, you will still need a mediation certificate. To obtain one, ring the mediation company, explain that you do not want to use mediation and ask them to issue a certificate straight away.
As soon as you get the certificate, you can lodge your appeal. You have two months from the date on the letter from the LA refusing the assessment, or one month from the date of the mediation certificate – whichever is longer.
During your appeal, you will need to prepare your case. If you have not already done so for mediation, you need to identify all the deficits in the wording and identification of needs and provision in Sections B and F of your EHCP. To do this you will need to conduct a thorough review of your child’s EHCP or have this done professionally.
These webinars and extensive support packs will support you to identify all the necessary improvements to Sections B and F of your EHCP -
Submit your appeal by completing a SEND35 form which can be found here.
Send it with the following:
· The LA letter that came with the final EHCP.
· Your mediation certificate.
· Any evidence.
You can also request that SENDIST advise on Sections C, D, G & H (the Health and Social Care Sections) through as part of a Tribunal appeal.
This resource from IPSEA will also be useful. Appeals about the contents of an EHC plan
Where Do I Go From Here and How Can Empowering Families of Children with SEND Ltd Help Me?
The Webinar Events already signposted in this blog will provide a full package of support for parents to prepare for challenging the contents of their child’s EHCP through Annual Reivew, Mediation and Tribunal Appeal. In the easy-to-follow webinars, Anna and Sarah talk you through, step by step, giving scenarios, examples and detailed explanations of each process.
The accompanying support packages give you timelines, example reports and resources, and ‘fill in the blank’ templates to make the process as uncomplicated as possible.
Find our full webinar library here. Please keep an eye out as we will be holding a B and F appeal webinar in early 2025 which will then be available for access to the recorded session after the live event.
This is part of our Event Department, which aims to provide affordable support for upskilling. We Empower Families to have knowledge and thereafter the confidence with SEND and EHCP issues to advocate for their own children and young people.
If you require additional support, Empowering Families of Children with SEND Ltd also provide fully bespoke 1:1 Mediation and Tribunal support with Anna & Sarah as part of their professional service, for details click here: Bespoke 1:1 support from Anna & Sarah
You can find testimonials to our bespoke service on our website and Facebook business page - here
Finally, you will find lots of useful video clips and free video and ‘podcast’ resources in our YouTube library here.
We are, and always will be Stronger Together.
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