The first step of appealing is to contact Global Mediation on info@globalmediation.co.uk. This link gives details about mediation and contact details for Global Mediation.
Please note that if it is just the placement you don’t agree with in the final Plan you do not need to do this however before you decide not to appeal any other sections you need to consider carefully whether the contents of the EHC Plan is robust enough to show that the school of your choice is the only appropriate one for your child. We would recommend that you read carefully Sections B and F of the EHC Plan to make sure that in your view they have the right information about your child’s needs and the specific provision to support those needs. If there is anything within those sections that you wish to challenge, then you need to follow the mediation process first before submitting your appeal form.
After mediation advice has been given you can choose whether to request a mediation meeting or alternatively ask for a mediation certificate to prove you have given it consideration. The certificate will have a date on it, and you will have one month from the date of that certificate to lodge your appeal, or two months from the date of the Local Authority’s letter – whichever is the later date. The judge will not be told whether you went to mediation or not.
If mediation proves unsuccessful or you choose not to do it, you may then submit your application for an appeal. You can find the form you need to fill in to register the appeal here.
IPSEA has a really good guide to appealing a placement which you can download here.
The majority of appeals are heard in online hearings. HM Courts & Tribunal Service have created a video about online SEND tribunal hearings, what to expect and how to prepare. You can view the video here.
It is currently taking about 18 months for appeals to be heard. In some cases it may take less than this but many families will face long waits for a hearing. Coupled with this, some families who go through the appeal process will still not get the provision they want even if they ‘win’. This is because there are not enough spaces in SEN schools for all the children needing a place and a judge cannot order the LA to name independent schools unless they offer a place. They also cannot order the LA to name maintained SEN school if it’s full and the judge believes that adding more children to the school roll would disadvantage the other children.
Due to this we suggest that you take steps to:
- Prepare your child to attend the school named by the LA in case your appeal is unsuccessful or has not been resolved by September:
- Contact the Local Authority caseworker and make them aware that you’re planning to appeal the content of your child’s plan and also the placement. Highlight the reasons why in a reasonable and unemotional way.
- Speak to the SENCO at the school the LA have named to find out what provision they could make for your child in September.
- If the school are in agreement that they could not meet your child’s needs remind them that they will be receiving funding to educate your child come September and work with them to create a plan regarding how this money will be best spent to meet the objectives in your child’s EHCP.