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Right to appeal to the First-Tier Tribunal (SEN and Disability)

1. EHC Needs Assessment Process for Disagreements 2. Right to appeal to the First-Tier Tribunal (SEN and Disability)
3. Right to appeal to the First-Tier Tribunal (SEN and Disability) Single Route of Redress - National trial

2. First Tier Tribunal

The First – Tier Tribunal hears appeals about

  • LA decisions about a child or young person's statement (under the Education Act 1996);
  • Local Authority decisions about a child or young person's EHC needs assessment or EHC plan;
  • Disability discrimination claims against schools and against local authorities when the local authority is the responsible body for a school.  Claims can be made about alleged discrimination in the matters of exclusions, the provision of education and associated services and the making of reasonable adjustments, including the provision of auxiliary aids and services.

 

Tribunal appeals about Statements

The parents of a child or young person with a statement will continue to have rights of appeal to the Tribunal under the Education Act 1996 until the transition for their child has been completed.

 

Tribunal appeals about EHC needs assessments and plans

Parents and young people have the right to appeal to the Tribunal about EHC needs assessments and EHC plans, following contact with a mediation adviser. Young people have the right to appeal when they reach the end of statutory school age (the end of the academic year in which they turn 16) but can also have their parents’ help and support if needed.

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

Appeals must be registered with the Tribunal within two months of the local authority sending a notice to the parent or young person of the decision about one of the matters that can be appealed to the Tribunal or within one month of a certificate being issued following mediation or the parent or young person being given mediation information.

You can contact the SEND First Tier Tribunal:

  • By phone: 01325 289350
  • By fax: 0870 739 4017
  • By email: SENDISTQUERIES@hmcts.gsi.gov.uk
  • In writing to: First-tier Tribunal Special Educational Needs and Disability, 1st Floor, Darlington Magistrates Court Parkgate Darlington DL1 1RU

 

Single Route of Redress – National Trial

What is the National Trial?

The Government are extending the powers of the First-tier Tribunal (SEND) to make non-binding recommendations about the health and social care aspects of Education, Health and Care (EHC) plans as part of a two-year trial. The trial will apply to decisions made or EHC plans issued/amended from 3 April 2018.  

For more information please read Right to appeal to the First-Tier Tribunal (SEN and Disability) Single Route of Redress - National trial


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EHC Process for Disagreements
Right to appeal - National Trial
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