Request A Callback

If you would like one of our representatives to give you a call to discuss your situation in complete confidence, please enter your details below and someone will call you as soon as possible.

[[[["field5","not_equal_to","I consent for my data to be used by Mediatelegal to process my enquiry."]],[[]],"and"]]
Your Name
Phone Number

When and how do you appeal a decision by the Local Authority in a SEND dispute?

When can you Appeal a decision by the local authority in a SEND dispute?

You can appeal a decision your LA makes if:-

  • Your EHC Needs Assessment request has been rejected
  • After an EHC Needs Assessment the LA doesn’t offer an EHCP
  • You disagree with the description of the young person’s Needs in the EHCP
  • You disagree with the nature of the Support set out in the EHCP
  • You disagree with the specific school, college or learning centre named in the EHCP, or the type of school, college or learning centre named in the EHCP
  • You disagree with any amendments to an EHCP which is already in place
  • The LA does not amend the EHCP after a review
  • If the EHCP is ceased and you disagree with this decision

How do you appeal a decision by the local authority in a SEND dispute?

The LA have to issue a ‘Letter of Notification’ which sets out their decision and tells the parent(s) / young person why the LA have decided to:

  • refuse to conduct an EHC Needs Assessment
  • refuse to issue an EHCP
  • refuse to maintain an EHCP
  • refuse to amend the content of the EHCP or;
  • amend an EHCP without receiving the agreement of the parent(s) / young person.

The LA must also tell the parent(s) / young person that they have a right to appeal the LA decision. The LA must do this in writing, and set out what options the parent(s) / young person have if they wish to begin the appeal process. An appeal must be started within two months of the date on the Letter of Notification.

As part of the process of bringing their appeal, the parent(s) / young person can choose to use SEND mediation to find a solution quickly.


Tagged with:
Posted in Uncategorised

Leave a Reply

Your email address will not be published. Required fields are marked *


Did you know?

Workplace disputes will affect profitability and performance. Use mediation to resolve disputes swiftly.

The longer a dispute continues in the workplace, the more dramatic the effect on those working in or around it.

Conflict between employees can spread throughout the workforce, affecting morale and performance, if untreated.

A 2008 CIPD survey found that 51% of respondents use an external mediator to resolve people problems and conflict.

A 2008 CIPD survey found that 75% of mediations were initiated by HR departments.

If you express your anger you will start an argument; if you explain your anger you will start a discussion.

In 2016 mediation will have saved UK businesses £3 billion in wasted management time & productivity, damaged relationships, & legal fees.

Ignoring ‘mega-cases’ the total value of mediated disputes in the UK each year is £11.5 billion.

Since 1990, the total value of mediated cases in England & Wales is £110 billion.

CEO of regional Charity – “We have had cause to use Mediatelegal recently and I was delighted with their service. the mediator was patient during a very emotional and somewhat difficult situation but handled it beautifully. We saved a significant amount of money and would highly recommend this organisation to anyone wishing to avoid costly legal bills.”

Linda Lavery, The HR Dept: “I cannot recommend them highly enough. They were brought in to resolve a complex dispute which had continued for months with no resolution. The process was managed from start to finish by Mediatelegal and with their expertise and impartiality, the conflict was resolved amicably for all parties in just 1 day. The management time and money that has been saved is incalculable.”

According to the CEDR 2018 audit, 89% of mediations settle successfully on the day or shortly afterwards.

You are entitled to recover certain expenses incurred when attending a SEND mediation session.

An individual might potentially require an Education, Health and Care Plan (EHCP until they reach the age of 25.

| Website designed & hosted by Cyberfrog Design
Mediatelegal is a trading style of Why Mediate Ltd (Company Reg No. 09148466)
Cookies | Terms & Conditions