Formal routes of redress
Challenging LA decisions
Whenever a Local Authority makes a decision, it opens up avenues for parent carers to challenge it.
Any decision a Local Authority makes pertaining to your Childs EHC Plan, must be communicated to you in writing. In most cases, this will follow an annual review, or a formal request for a change, made by you, for example, to go to a special school. You can also appeal a decision not to carry out an EHC assessment, not to issue a plan following an assessment, or finalising a plan that you are unhappy with. The letter the LA sends you outlining their decision is your appeal tool.
When you receive the letter, you have two formal options available to you; mediation, and Tribunal.
Mediation
Mediation is free for parents, and is delivered in Bolton by Together Trust. More information on their mediation service can be found here, along with their contact details. If you want to proceed with mediation, this must be within two months of receiving the LA decision letter. The LA can’t stop you from going to mediation, but they may offer you an informal ‘pre mediation’ meeting with them to chat through your issues. It’s entirely up to you whether you do this- although it may be really useful.
Once mediation has been requested, the meeting must be held within 30 days. At this meeting, you, the mediator and the LA rep will discuss the reasons for the LA decision, and your reasons for opposing it. You can ask for other people to attend too, such as school, but they can’t be made to attend. The meeting lasts approx 2 hours. It might be that as a result of these conversations, the LA decide to overturn their original decision and agree with you. Or, it might be they uphold their decision. If mediation isn't successful, you can still go to Tribunal. You will get a mediation certificate to send to Tribunal. All agreements at mediation are non legally binding, however if the LA agree to something and then don’t do it, Tribunal would not like this at all.
If you want to go straight to Tribunal, and not partake in mediation, unless it’s about section I, you must still contact mediation to get a certificate.
SEND TRIBUNAL
In order to register with Tribunal, you must do so within 2 months of the LA decision letter, or within one month of attending mediation/ receiving your mediation certificate.
SEND Tribunal is part of HM Courts and Tribunals Service. The whole Tribunal process can feel a little overwhelming for families, and the expectations on families can feel quite daunting. IAS have developed a Tribunal guide to assist families with making an appeal, and setting out what support IAS Bolton can offer to you. For a copy of the guide, please click to download at the bottom of the page.
IAS offer information and advice on different aspects of mediation and Tribunal matters. Please get in touch if you need to.
(information on this page and in the Tribunal guide has been adopted from IPSEAS guidance on SENDIST processes)
Have you tried our helpline?
IAS operate a free helpline for families Mon- Thurs, 9.30am until 12.30pm, term time only. Please give us a call on 07591853756 when the helpline is open, and we will do our best to help. For hep outside of these times, please go to our 'contact IAS' page.