SEND Local Offer - Disagreements and complaints about education support

Find out about what you can do if there is a disagreement or complaint regarding education support for a child or young person with SEND, including the different processes available to resolve is.

We also have this information in easy read format, download the Disagreements and complaints guide: Easy read [PDF]

Resolving a disagreement

Wherever possible issues and disagreements should be discussed and resolved at the earliest opportunity. Initially, this may be an informal chat with a teacher, social worker or health professional.

Schools, colleges and services will have their own published policies or guidance for addressing complaints and disagreements.

However, there may be instances where a more formal opportunity for meeting with those involved in supporting children and young people with special educational needs and/or disabilities, helped by a neutral third party, is required. This meeting would include the parents and carers and may also involve the children and young people themselves.

Disagreement resolution service (DRS)

The disagreement resolution service (DRS) is the process for exploring and addressing issues about any aspect of special educational provision, including health and social care disagreements.

The child or young person does not have to have, or be in the process of being assessed for an education, health and care plan in order to access the disagreement resolution process. It is intended to provide a quick way to resolve disagreements.

In the East Midlands, the DRS is provided by Global Mediation. This service is free of charge to families.

Contact Global Mediation directly by:

Telephone: 0800 064 4488
Mobile (at local rate): 0208 441 1355
Email: sen@globalmediation.co.uk

Mediation

What is mediation for?

Mediation services are focused on issues and disagreements relating to the education, health and care (EHC) plan process. Families have the right of appeal to the First Tier Tribunal if they disagree with a local authority (LA) decision within the EHC process. For example:

if the LA decides that an EHC needs assessment is not necessary
if after an EHC needs assessment is completed, the LA decides that an EHC plan is not necessary
if other changes to the EHC plan following the annual review process.

You can go to mediation about the health and social care elements of an EHC plan, however this is not compulsory and you can request resolutions to health and social care issues through tribunal without having to receive mediation advice or attend mediation, provided there is an education issue to be resolved.

The mediation process

Before you can register an appeal with the tribunal, you must contact a mediation adviser to consider whether mediation might be a way to resolve the disagreement. If you want to appeal only about the school or other institution named in the EHC plan you do not have to contact a mediation adviser.

The mediation service will give you a certificate. This will be necessary if you wish to appeal to the tribunal. An appeal to the tribunal must usually be made within two months of the decision about which the appeal is being made or one month following the issuing of the mediation certificate, whichever is the later.

For further information on the mediation process, download Mediation and disagreement resolution services (Global Mediation) [PDF]

Who do I contact about mediation?

In the East Midlands the mediation service is provided by Global Mediation. This service is free of charge to families.

Contact Global Mediation directly by:

Telephone: 0800 064 4488
Mobile (at local rate): 0208 441 1355
Email: sen@globalmediation.co.uk

First-tier Tribunal

What is the First-tier Tribunal?

The First-tier Tribunal is an independent national tribunal, which hears appeals against local authority (LA) decisions about the special educational needs of children and young people.

You can make an appeal to the SEND Tribunal for the following reasons if an LA:

refuses to carry out an EHC needs assessment or re-assessment
refuses to issue an EHC plan
issues or amends an EHC plan but you disagree with any or all of Section B (special educational needs), Section F (special educational provision) or Section I (placement)
decides not to amend an EHC plan after an annual review
ceases to maintain the EHC plan.

Who can make an appeal?

If the decision concerns a child, it is the parent who has the right of appeal.

If the decision concerns a young person over statutory school age (16 to 25 years), then it is the young person who has the right of appeal.

However, if there is an agreement that a young person does not have the capacity to make the appeal, in most cases a parent will be the 'alternative person' and can register the appeal.

How do I make an appeal?

Before taking an appeal to the SEND Tribunal, you must consider mediation. This does not mean that mediation is compulsory, but it must be considered.

Families will need a certificate to show that they have at least considered mediation prior to lodging an appeal, or a certificate to say they have taken part in mediation.

For further information, including contact details and appeal forms, go to First-tier Tribunal: Special Educational Needs and Disability (GOV.UK)

There is also information for parents and carers on how to appeal a local authority (LA) decision not to assess or issue a EHC plan for your child:

SEND tribunal - extended appeals

The First-tier Tribunal can make non-binding recommendations about the health and social care aspects of education, health and care (EHC) plans. Appeals involving health or social care are referred to as “extended appeals”.

It is only possible for the Tribunal to consider the health or social care aspects of the EHC plan where you are already making an appeal in relation to the education aspects of the EHC plan.

For further information, download SEND Tribunal: extended appeals (GOV.UK) [PDF]

The Local Government Ombudsman

The Local Government and Social Care Ombudsman (LGSCO) looks at complaints about councils and some other authorities and organisations, including education admissions appeal panels. The service is free, independent and impartial.

For further information, go to Local Government and Social Care Ombudsman website

Please note: Before you make a complaint to the Local Government and Social Care Ombudsman you first must have made a complaint to the local authority for them to investigate and try and put things right.

For further information on how to make a complaint about Nottinghamshire County Council Services, please go to Making a complaint (Nottinghamshire County Council)

Advice and support

Ask Us Nottinghamshire offer free impartial confidential information, advice and support for parents or carers of children or young people with special educational needs and disabilities (SEND).

You can contact Ask Us if you are the parent of a child with SEND, or if you are a young person up to the age of 25 looking for support.

Go to the Ask Us Nottinghamshire website to get in touch or for more about the support they offer