Challenging a decision about an Education, health and Care Plan

The Special Educational Needs and Disability (SEND) tribunal is an independent national tribunal, who have the power to order the local authority to:  

• Carry out an Educational, Health Care (EHC) needs assessment (refusal to assess appeal).
• Issue an Educational Health and Care plan (refusal to issue a plan appeal).
• Change what is written in an existing EHCP (contents appeal).
• Continue a plan that has been stopped (cease to maintain appeal).
• Change the school or setting named in the plan (placement or section I appeal).

Mediation might be a helpful first step in trying to resolve your disagreement with the local authority and should be considered for all appeals, except placement only (section I) appeals.   

You have two months from the date on your decision letter from the local authority, or one month from the date on your mediation certificate to make an appeal, whichever is later.

If you have an EHCP and are outside of these time limits, then you could consider asking for an Early Annual Review

Appealing to the Tribunal is free and does not require legal advice to be sought.   

Mediation in North Yorkshire is provided by Collis Mediation Ltd and is a free.  Mediation is a less formal way of trying to reach an agreement with the local authority.   For more information about mediation you can visit Mediation and Appeal Request (collismediationltd.com)

If you decide not to use mediation, they will send you a certificate to show that you considered it. You need this certificate to make your appeal to the tribunal.

If you decide to go ahead with mediation, then the mediator will arrange a meeting between you and the local authority within 30 calendar days.

If the mediation is successful, the results will be written up as a mediation agreement and will be legally binding on both parties.

If an agreement is not reached in the meeting, then you will be sent your certificate and would then be able to continue to make your appeal to the tribunal.

To arrange mediation:

Telephone 07715 958 290

Email info@collismediationltd.com

To fill the online request form Mediation and Appeal Request (collismediationltd.com)

Watch the following video if you need help to complete the online form:

If North Yorkshire Council has written to you saying that they have decided not carry out an EHC needs assessment, you can appeal against this decision.

This type of appeal is known as ‘on the papers’. This means you do not need to attend an actual hearing. If you would like a hearing, you can request one in writing explaining your reasons why. This will then be considered by a registrar or judge.

If you want to appeal against a refusal to assess decision, you will find our advice about the appeals process, including about completing the form.

LA not agreed to assess for an EHC plan?

How do you appeal to the SEND Tribunal?

You can also Contact Us – SENDIASS North Yorkshire (link on current website)

Link to SEND 35a Appeal form SEND35A – Application for appeal – Refusal to secure an EHC Needs Assessment (publishing.service.gov.uk)

You can make an appeal if you disagree with North Yorkshire Council’s decision not to issue an EHCP, if you’re unhappy with what is written in the EHCP once it has been finalised, or if you have received a cease to maintain notice. You can also appeal if North Yorkshire Council are refusing to make any changes to the EHCP following a recent review.

You can also appeal against the placement named in section I alongside a contents appeal if this is also something you disagree with. You would not need to complete a separate appeal application to do this.

If you want to appeal against any of the above LA decisions, you will find our advice about the appeals process, including about completing the form (link to appeals ppts on refusal to issue, contents of a plan, appealing the named school and general appeals)

How do you appeal to the SEND Tribunal?

The Local Authority has refused to issue an EHC plan?

Do you disagree with the contents of the EHC Plan?

How do you appeal to the SEND Tribunal?

Link to SEND 35 form SEND35 – Application for appeal – Child or young person (publishing.service.gov.uk)

Parents and young people have the right to request that a particular school, college or other setting is named in an EHC plan. If the local authority does not agree to a request and names a different setting, this can be appealed.

Unlike the other types of appeal, if this is all you are appealing for, you do not need to have considered or had mediation to make this type of appeal and do not need a mediation certificate. You have two months from receiving the decision letter from North Yorkshire Council to request your appeal.

As you would need to make a case to the tribunal about why your preferred placement should be named, we would usually advise that you also think about making a contents appeal at the same time. This way you can have the needs (section B) and the provision (section F) written in the plan looked at and discussed as part of the appeal. It may be that these sections need changing or amending in some way and could help to make a stronger case for why your preferred placement is better able to meet your child’s needs.

If you want to appeal against a placement, take a look at the following video:

Should you feel, you may need support you can contact us Contact Us – SENDIASS North Yorkshire .

Link to SEND 35 form SEND35 – Application for appeal – Child or young person (publishing.service.gov.uk)

If you feel that the local authority has acted unlawfully in something it has decided to do, failed to do, or a policy that they follow, then you could make a claim for a Judicial Review.   

Judicial Reviews are a different to the Special Educational Needs and Disability Tribunal (SENDIST) appeals as they do not agree or disagree with the decision made by the public body. Instead, they look at the way the decision was taken, and whether it was made lawfully, fairly and rationally. 

As part of the Judicial Review process a solicitor can write something called a pre action protocol letter to the local authority and on many occasions, this can lead to the issue being resolved. If this does not resolve the issue you could continue with a full Judicial Review.

If you qualify for legal aid, you may get the letter free of charge.  However, if you do not you would need to pay for the letter.  If it was necessary to go to a Judicial Review hearing, you should be able to claim legal aid on behalf of your child or young person.  Unfortunately, this does not cover the pre action protocol letter.

To find out if you qualify for legal aid you can call 0345 345 4345 or follow this link Civil Legal Advice (CLA) – GOV.UK (www.gov.uk). (external link) When applying please be aware that Judicial Review is ‘public law’ not ‘education’.

For more information on the Judicial Review process, you can visit:

Judicial review | (IPSEA) Independent Provider of Special Education Advice

Judicial Review – SOS!SEN (sossen.org.uk)

Can I seek judicial review? – SOS!SEN (sossen.org.uk)

Making a formal complaint

Alternatively, you can make a formal complaint to the Local Authority.  This is the link to do so Complaints, comments or compliments | North Yorkshire Council

Or,

You can submit a complaint to North Yorkshire Council by clicking on the Contact Us section through the link below:

Contact us – North Yorkshire Council Customer Portal

Please note: You cannot go to Judicial Review if you have an active complaint with the Local Authority about the same unlawful act.

• SEND Tribunal- tribunal information Youtube videos.
• IPSEA – appealing to the SEND tribunal
• IPSEA –Tribunal Helpline bookable 30 minute telephone appointments.
• Collis Mediation Ltd Mediation and Appeal Request (collismediationltd.com)