Mediation, dispute and complaints
We work with parents, carers and young people to reach agreements about what is needed to meet a child or young person’s needs. Professionals work in collaboration with parents, carers and young people to produce the Education, Health and Care Plan (EHCP), determine their outcomes and what services and support are required.
If you have concerns
If you have any concerns, we recommend you talk to a member of the SEN team or our SEND Information, Advice and Support Service (SENDIASS), which is independent of the council and provides informal, impartial advice. Both teams will work with you to address your concerns and reach a satisfactory resolution for all parties. It is in everyone’s interest to try and resolve any disagreements without the burden of having to go to tribunal.
If you have a disagreement or issue that you wish to discuss we encourage you to talk to the relevant service:
- Care Management Service
- Cheviots Joint Service for Disabled Children - call on 020 8363 4047 or email firstname.lastname@example.org
- Education and SEN Services - call on 020 8379 5667 or email email@example.com
- Integrated Learning Disability Service
- North Central London Clinical Commissioning Group
- SEND Information, Advice and Support Service - call on 020 7697 1336
If the relevant service is unable to resolve your issue, it may be necessary for parents, carers and young people to use the mediation or disagreement resolution service.
Mediation and disagreement resolution
Mediation is a voluntary and confidential process. You will be helped by a neutral third-party mediator to resolve problems. The mediator helps those involved reach a solution they are happy with.
Disagreement resolution is a formal process where the council, schools, parents, and carers meet to find a solution to a difference of opinion.
Participation in mediation and disagreement resolution does not take away the parent or carers right to appeal to the SEN tribunal. However, we aim to resolve all disagreements and disputes at a local level by having honest and open dialogue.
- Resolution services for education – mediation and disagreement resolution services are provided by Global Mediation, an experienced SEND provider. If we are unable to work with you to resolve your issues, then you can use their services. For more information visit Global Mediation. You can also contact them by telephone on 020 8441 1355 or 0800 064 448, or by email at firstname.lastname@example.org.
- Resolution services for health – when the parent, carer or young person only has a concern or issue about the health element of the EHCP, it is the responsibility of North Central London Clinical Commissioning Group to work with the family to resolve this
- Resolution services for social care - you should begin by speaking to the person dealing with your case. This may be a keyworker, lead professional, or a social worker (or their manager). We aim to resolve issues as soon as possible. If you need to, you can progress a stage one formal complaint.
If you're aged 16 to 25 and unhappy with the help you get at your school or college for your special educational needs or disability, you can find out how to get more help by visiting Department of Education.
Special educational needs and disability tribunal
If you involve Global Mediation but your issues are still unresolved, you have the option to go to the SEND tribunal. You will be asked to produce a copy of a certificate at the SEND tribunal to show that you have first sought to resolve your issue through mediation.
For more information, email email@example.com or contact them on 01325 289 350.
Making a complaint about something else
The information above relates specifically to education, health and care plans (EHCPs). If you are unhappy about something else, and have been unable to resolve the problem by talking to the service or department directly, then you may want to make formal complaint.
Single Route of Redress - SEND tribunal extended powers
In line with Schedule 2 of the Special Educational Needs and Disability Regulations 2014, all local areas in England must publish details in their local offers for notifying parents and young people of their right to appeal a decision of the local authority to the Tribunal. The following information about the extended powers of the SEND Tribunal is to supplement the information that must already be published on the right to appeal a decision of the local authority. This has been included below to support local authorities in fulfilling this duty.
Outcome of the National Trial
The National Trial ran from April 2018 to August 2021, testing the extended powers for the SEND Tribunal. The department commissioned an independent evaluation of the National Trial which found broadly positive evidence in support of the Tribunal’s extended powers, which can be seen in the DfE SEND Tribunal (PDF).
Therefore, the government has confirmed that they are continuing the extended powers of the First-tier Tribunal (SEND), sometimes referred to as the ‘SEND Tribunal’, to make non-binding recommendations about the health and social care aspects of education, health and care plans (EHCPs).
Previously, you have only been able to appeal the educational aspects of EHCPs. The continuation of the extended powers given to the SEND Tribunal, maintains your right to request recommendations about the health and social care needs and provision specified in EHCPs, in addition to the educational aspects, when making a SEND appeal. This gives you the opportunity to raise all your concerns about an EHCP in one place.
It's only possible for the Tribunal to consider the health and/or social care aspects of the EHCP where you are already making an appeal in relation to the education aspects of the EHCP and the education aspect must remain live throughout the appeal.
Making an appeal to the SEND tribunal
If you are unhappy with a decision not to issue an EHCP, or with the special educational content or placement in the plan, you can make an appeal to the SEND Tribunal. You can also request recommendations about the health and social care content of the plan at the same time, provided there is also an education element. This will mean the Tribunal will take a more holistic, person-centred view of the needs of the child or young person.
This does not prevent you also complaining about other aspects of your disagreement through other complaint procedures. You should seek advice about the different routes available, including from your local Information Advice and Support Service (IASS).
If the SEND Tribunal makes a recommendation about health or social care elements of an EHCP, this is non-binding. The local authority and/or health commissioner is generally expected to follow such recommendations, but they are not legally binding. Where they are not followed, the reasons for not following them must be explained and set out in writing to you and to the Department for Education through the evaluators. If they are not followed, you can complain to the Local Government and Social Care Ombudsman (LGSCO) or Parliamentary and Health Service Ombudsman (PHSO) or seek to have the decision judicially reviewed. Further information on the roles of these bodies can be found on their websites.
Requesting recommendations about the health and social care elements of an EHCP
You can request the Tribunal makes recommendations about the health and/or social care aspects of EHCPs as part of an appeal relating to:
- the description of the child/young person’s special educational needs in an EHCP
- the special educational provision specified in an EHCP
- the school or other educational institution named in an EHCP
- a decision by the local authority not to issue an EHCP
- a decision by the local authority not to carry out a re-assessment for a child/young person who has an EHCP
- a decision by the local authority not to amend an EHCP following a review or re-assessment
- a decision by the local authority to cease to maintain an EHCP
Local area responsibilities
The SEND Tribunal extended powers places responsibility on local authority SEND teams to:
- inform parents and young people of their new rights through decision letters and the local offer
- provide evidence to the Tribunal from the health and social care bodies in response to any issues raised within the timeframe set by the Tribunal, seeking permission to bring additional witnesses to the hearing as necessary
It also places responsibility on health and social care commissioners to:
- respond to any request for information and evidence within the timeframe set by the Tribunal
- send a witness to attend the hearing as required
- respond to the parent/young person and the LA SEND team within five weeks of a recommendation being made, setting out the steps they have decided to take or giving reasons why they are not going to follow the recommendation
How to request a health or social care recommendation
If you wish to appeal against a local authority decision on any of the grounds above and want to request that the Tribunal considers your concerns about the health and/or social care aspects of the EHCP, you should follow the process for bringing an appeal to the Tribunal and tick the box on the form relating to a health and/or social care appeal. Advice on making SEND appeals to the tribunal and the appeal form is available on GOV.UK.
Before you can register an appeal with the Tribunal, you must contact a mediation adviser within two months of the LA decision you wish to appeal and consider whether mediation might be a way to resolve your disagreement with the LA. If you want to appeal only about the school or other institution named in the EHCP you do not have to contact a mediation adviser.
You can go to mediation about the health and social care elements of an EHCP, but this is not compulsory. You can request recommendations about health and social care issues without having to receive mediation advice or attend mediation about those issues, provided there is also an education issue about which you are appealing.
Once a mediation adviser has been contacted, or once you have taken part in mediation, you will be issued with a certificate. This will be necessary if you are still unhappy and wish to progress to an appeal with 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.
If mediation resolves the educational issues, you will not be able to appeal to the Tribunal on any health and/or social care aspects of the EHCP. However, mediation provides an opportunity for us to resolve disagreements and it can be completed more quickly than an appeal. It does not affect your right to make an educational appeal, and some aspects of the disagreement can go to appeal even when other aspects are resolved.