Children and young people with special educational needs have the right under UK law to a full-time education that takes their needs and/or disability into account. If possible, their education should take place within a mainstream school, where the help they require may possibly be provided on an informal basis. Alternatively, a formal assessment may need to be made and your Local Authority will need to issue what is now known as an Education Health and Care Plan (EHCP) if they conclude, through an Education, Health and Care (EHC) Assessment that your child’s needs warrant an EHCP. The Plan must be specific and quantify the provision the child needs.
In cases where the Local Authority decides against conducting an assessment or, having conducted an assessment then decides not to grant an EHCP, the young person or their parent or guardian has the right, under law, to appeal that decision to the First-Tier Tribunal.
Reasons for launching an appeal...
There are various grounds on which you may base your appeal. Firstly, you may appeal if your Local Authority has refused one of the following:
- to conduct an EHC assessment
- to issue an EHCP
- to reassess the child or young person in question
You may also appeal if you do not agree with:
- the Local Authority's description of your child's special needs
- the provisions in the EHCP
- the school they have chosen
- their decision to curtail an EHCP
- their refusal to make suitable alterations to an EHCP following an Annual Review
Prepare for mediation...
If you do wish to launch an appeal, you must do so within two months of the date of the Local Authority's final decision or the date of the EHCP. Within the two month period, you are obliged to consider mediation and once you obtain a mediation certificate, you have an additional month from that date to appeal.
Mediation is essentially agreeing to an informal meeting with your Local Authority and an independent third party. If mediation fails to resolve the situation to the satisfaction of both parties, then you may continue with your appeal.
What specific preparations should you make prior to appeal?
Most importantly, you will have to make sure that you prepare as much evidence as possible. This will include letters/reports from medical experts familiar with your child's case, but may also include statements from other educators.
Match Solicitors can provide invaluable assistance to you throughout the process, helping you to gather relevant evidence and draft important documents, as well as providing specialist legal advice and expert negotiation.
At Match Solicitors, we have a team of highly experienced and specialist education solicitors who are experts in helping young people and parents of children with special needs prepare for SEND appeals and who enjoy a very high success rate. Give us a call to discuss your case in confidence.
