What happens if I don't agree?
Email this pageMany problems can be sorted out by talking with your school, college, local authority or health services.
Make sure the Local Authority understands what you are doing now
It’s a good idea to contact the SEND Operations Team and make sure they fully understand what you are currently doing (for example, if you’re in education, training, or planning to be). This information can affect their decision.
You can ask the LA why they made this decision and discuss any concerns you have. If they’ve offered to meet with you, this is a good opportunity to:
- Ask what evidence they used
- Find out what information you could provide
- Share details about your progress, needs, or support in education
Understanding their reasons will really help if you decide to challenge (appeal) the decision.
SEND Operations Contact Details
If you disagree with the local authority
If you do not agree with a decision that is made about your education, health and care needs assessment or your education, health and care plan, you can ask for this to be changed. This is called an Appeal. You may have already spoken to your local authority about this and been to mediation, or decided you did not want to go to mediation.
You can read the information below on what to do if you are not happy with a decision about your special educational needs:-
If you want to appeal
You have the right to appeal this decision.
- The deadline is 2 months from the date of the decision letter, OR
- 1 month from receiving a mediation certificate (whichever is later)
Before you can appeal, you need to contact Global Mediation.
About Mediation
About mediation:
- Mediation is a meeting between you, the LA, and an independent mediator to try to resolve things.
- You don’t have to take part in mediation if you don’t want to.
- If you choose not to, Global Mediation will issue a mediation certificate, which you need to submit your appeal.
- They must send this certificate within 3 working days of you telling them you don’t want mediation.
Global Mediation Service is the Essex Mediation service.
How to Appeal
You can appeal online through the First-tier SEND Tribunal or use a paper form.
- Many people find the online system easier because it guides you through each step
- You’ll need to include supporting evidence
We have guides to help you with both options . Information on appealing can be found on our Appealing a LA Decision about an EHC plan pages but do get in contact with us so that we can support you with this process.
SENDIASS can help you to lodge an appeal and think about next steps. If you would like us to help you, complete our Young Person Contact Form
Important to know
If you appeal a decision to stop your EHCP:
- Your support should continue while the appeal is ongoing
- This means your education placement and support should stay in place until a final decision is made
If you are not happy with a decision about Special Educational Needs (SEN)
from H M Courts & Tribunal Courts
A Young Persons Perspective of Mediation
From Global Mediation
Guidance for Young People if you don’t agree with decisions made
From Council for Disabled Children For information
Form SEND35
Appeal Form for young people
Also in this section:
Your Guide to Education Health & Care (EHC) Plans
Children and young people who need extra help with learning may need an Education, Health and Care plan.
About EHC Plans
Everyone will have a different plan because it is all about you. We are all different.
What is an Annual Review?
Your EHC plan will be reviewed every 12 months to make sure that it is up to date and that it still relevant for your current needs.
What is a Personal Budget?
A Personal Budget for SEN is money to pay for support as part of your Education Health and Care Plan (EHCP).
What can I do if the LA stops my EHCP?
When a local authority decides to stop or take away an Education Health & Care plan, this is called ceasing to maintain the EHCP.