When a request for an EHC Needs Assessment has been received the SEND Assessment Team in the Local Authority (LA) have 6 weeks to decide to go ahead or not. If an assessment is not agreed, you will be able to discuss the decision with the Assessment Team Manager and you can contact SENDIASS for advice about the options available to you.

You can appeal the decision through the First Tier Tribunal (SEND Tribunal), but before you register an appeal you must have first spoken to mediation advisor. You have the right to free, independent mediation, for details contact SEND Services – 01905 845579 sen@worcestershire.gov.uk. You must have a certificate from the mediation adviser to register an appeal with the SEND Tribunal. You have one month from receiving the certificate or two months from the original decision, whichever is later, to register an appeal.

Following receipt of professional advice, the SEND Team have until week 16 to decide whether to issue an Education, Health and Care Plan (EHCP) or not. If they decide not to issue a plan you will be sent a letter and given an opportunity to discuss the decision with your SEND casework officer. As before, you can contact SENDIASS for independent advice about next steps.

You can appeal the decision through the First Tier Tribunal (SEND Tribunal), but before you register an appeal  you must have first spoken to a mediation advisor. You have the right to free, independent mediation, for details contact SEND Services – 01905 845579 sen@worcestershire.org.uk. You must have a certificate from the mediation adviser to register an appeal with the SEND Tribunal and you have one month from receiving the certificate or two months from the original decision, whichever is later, to register an appeal.

If a draft EHC plan has been issued, the SEND Team have until week 20 to finalise the plan and name a setting in Section 1 of the plan.

As part of the assessment of your child/young person’s needs you will be asked to express a preference for a school for your child to attend.

The Local Authority must comply with your preference and name the school or college in the plan unless:

• the school or college would be unsuitable for the age, ability, aptitude or SEN of the child or young person, or
• the attendance of the child or young person would be incompatible with the efficient education of others or the efficient use of resources

Efficient education means providing for each child or young person a suitable, appropriate education in terms of their age, ability, aptitude, and any special educational needs they may have.

If you don’t agree with the provision named in your child’s EHCP you can:

• contact your child’s SEND casework officer or contact SEND Services to discuss your concerns. 01905 845579 or email sen@worcestershire.gov.uk
• discuss any concerns with your SENCO or SEND lead
• contact SENDIASS for information and advice 01905 768153 sendiass@worcestershire.gov.uk
• you have the right to free, independent mediation, for details contact SEND Services: 01905 845579 sen@worcestershire.gov.uk. If you are appealing the education setting only, you can go straight to Tribunal, there is no need to contact the mediation service as there is with other disputes.
• you have the right of appeal to the Special Educational Needs and Disability Tribunal. Telephone: 01325 289350
• you need to register your appeal within 2 months of receipt of the Final Plan

If you do not agree with a decision your child’s early years setting, school or college has made about your child’s support you should first talk to them and try to reach an agreement.

You may also wish to contact the SEND Information, Advice and Support Service (SENDIASS) for help at this stage. They are impartial professionals who can explain the processes and support you through it. Contact SENDIASS on 01905 768153, by email at sendiass@worcestershire.gov.uk or via their website at Herefordshire and Worcestershire SENDIASS

Wherever possible the school, setting, the local authority and/or Health Commissioners will try and resolve any disagreements by meeting and talking with you and, where appropriate, with the child/young person involved.

If you still do not manage to reach an agreement, you can use a Disagreement Resolution service, which your local authority must make available. This professional service is free to you and independent of your local authority. It can provide you with a quick and informal way of resolving disagreements.

If you can’t reach agreement, they will advise you about their procedures for making complaints. You don't have to use the Disagreement Resolution service before using any of the complaint's procedures, and Disagreement Resolution service can be used before, at the same time or after those procedures.

What is the Disagreement Resolution Service?

It is a service which is used with agreement from all the parties involved, with the aim of reaching a quick and less stressful solution to a disagreement. The process is informal and the Disagreement Resolution service acts to help meaningful discussions to take place. The facilitator is an expert in disagreement resolution and completely independent of everyone. They will have an understanding of the SEN processes, procedures and law, but don't take any part in any decision making.

What areas of disagreement does it cover?

There are three areas of disagreement that this service can help you (the parent or young person) with:

1. if you disagree with your local authority, your school, early years setting or college about how they are carrying out their education, health and care duties. This applies if your child has any kind of SEN – not just those who are going through Education, Health and Care (EHC) Needs Assessment or have an EHC plan
2. if you disagree with your early years settings, school or college about the SEN provision they are making. This applies if your child has any kind of SEN – not just those who are going through an EHC Needs Assessment or have an EHC plan
3. if you disagree with your local authority (LA) or Clinical Commissioning Group (CCG) about the health or social care provision during your child’s EHC Needs Assessment or about their EHC plan, and any review or reassessment of the EHC plan

Who can use the Disagreement Resolution service?

The Disagreement Resolution service is for parents and carers of all children and young people with SEND, and young people themselves with SEN or disabilities. You don't have to use the service, which is free.

You can get details about how to access this service by calling SEND Services on 01905 845579

It is an informal and simple process run by a trained professional and is designed to bring two parties together to clarify the issues and try to reach an agreement.

This is an independent and free service which you can use if you do not agree with the local authority, and/or your Integrated Care Board something relating to an Education, Health and Care (EHC) Plan.

To find out more visit: Mediation

The First Tier Tribunal (SEND), or SEND Tribunal is a legal body which hears appeals against decisions made by the local authority (LA) in relation to children's and young people's EHC needs assessments and EHC Plans. They are part of Her Majesty's Courts and Tribunals Service but try not to be too legalistic or technical. They aim to be user-friendly, and you should not need to appoint legal representation to take part, but you may find it helpful to have support from a voluntary organisation or friend at the hearing. At the hearing there will be a judge and a panel of tribunal members who have knowledge and experience of children and young people with SEN or disabilities.

To find out more about the SEND Tribunals, such as what type of disagreements you can appeal about, what you have to do, please visit: Tribunal