Concerns
If you have concerns or disagree with a decision the Local Authority (LA) has made about an EHC plan, we want to work with you at the earliest opportunity to resolve these for you. In the first instance you can:
- Discuss this with the relevant SEND Officer
- Request a ‘Way Forward’ meeting, which can involve the SEND Officer and the educational setting
- If you are unsure of who to contact, speak with one of the SEND System Navigators
- For independent advice, support and guidance, you can reach out to SENDIASS
If you are unable to resolve the matter and you wish to make a complaint, please refer to the information on the ‘Comments, compliments and complaints’ page here:
Comments, compliments and complaints
Mediation and Tribunals
If you disagree with a decision that has been made regarding the education, health and/or social care elements of an EHC Plan, mediation can be used to resolve these disagreements.
Mediation can take place:
- If the LA does not agree to your request for an EHC needs assessment
- If the LA does not agree to issue an EHC plan following an assessment
- Following the issuing of a final EHC plan, either after an EHC needs assessment, or an EHC annual review and you disagree with:
- The education, health and social care content of the EHC plan
- The educational setting named in section I
- The LA’s decision not to amend the EHC plan following an EHC annual review
- The LA’s decision to cease the EHC plan
You will receive a letter with the final EHC plan advising you of your rights to mediation and appeal to SENDIST. Cornwall uses Global Mediation.
Find out more about Global Mediation
Appealing a decision
If prior to or after mediation you continue to disagree with a decision that the LA has made regarding the education, health and/or social care elements of an EHC Plan you can appeal to the Special Educational Needs and Disability Tribunal (SENDIST).
SENDIST is a legal body that helps resolve disputes between families and local authorities about the education and support provided to children and young people with special educational needs or disabilities (SEND). The tribunal is independent and impartial. It listens to both sides and makes a decision based on the evidence.
Before making an appeal, you usually need to consider mediation first. This is a chance to resolve the issue without going to tribunal, but it’s not compulsory to take part.
If you do not want to enter into mediation, but you still want to register an appeal with SENDIST, you will:
- Receive a mediation certificate enabling you to register an appeal with SENDIST
- Have eight weeks from the date of the letter that was received with the final EHC plan to register the appeal
Find out more about the Government Tribunal Service
You can register an appeal in regard to an education, health and care plan decision here
Advice and Guidance
For further advice and guidance you can contact