Appeals and Mediation

If you disagree with a decision made by the local authority relating to your child's special educational needs, you can appeal to an independent body called the First Tier Tribunal for Special Educational Needs and Disability (SEND).

If your child has Special Educational Needs or a Disability (SEND) and you are unhappy about the help they are getting RIASS can:

• listen to your concerns
• help you sort out the issues
• identify other people who can support you
• help you decide what to do next
• explain the law and your rights.

RIASS Tribunal Support Policy for information on how we can support you with your appeal

RIASS Tribunal Resource Pack 

When can I appeal?

You can bring an appeal to the SEND Tribunal if your local authority:

• refuses to carry out an EHC Needs Assessment or a re-assessment
• refuses to issue an EHC Plan
• issues or amends an EHC Plan but you disagree with any or all of Section B (special educational needs), Section F (special educational provision) or Section I (placement)
• decides not to amend an EHC Plan after an Annual Review
• decides to cease to maintain the EHC Plan at any point.

Following on from the SEND National Trail you can also appeal against the health and social elements within the EHC Plan if you are appealing against section B and/or section F. However, the Tribunal can only make recommendations on health and social care provision, not legally binding orders as with education you cannot appeal these sections of the EHC Plan.

You can not appeal against;

• section A – the views, wishes and aspirations of the child and his parents or the young person;
• Section E – the outcomes to be sought; and
• Section J – dealing with direct payments.

Mediation

Mediation – What It Is & Why It Matters

Mediation is a free, confidential, and voluntary way to help resolve disagreements about your child’s Education, Health and Care (EHC) needs or plan.

It gives you a chance to meet with the local authority (and health commissioners if needed) to talk through the issues, with the help of an independent mediator. The mediator is not there to take sides but to help everyone focus on what’s best for your child. Choosing mediation does not take away your right to appeal to the SEND Tribunal.

How to Get Started

The first step is to contact Community Accord, the independent mediation service:

• Community Accord - 0121 507 6040
• sen@communityaccord.com
• www.communityaccord.com

They’ll explain your options and help you decide whether mediation feels right for you.

• If you choose mediation, they’ll make all the arrangements and guide you through the process.
• If you decide not to mediate, they’ll issue a mediation certificate, which you need if you want to appeal to the SEND Tribunal.

 Time Limits to Be Aware Of

• You have 2 months from the date of the local authority’s decision letter to contact Community Accord.
• Once you receive your mediation certificate, you have 1 month from that date to lodge your appeal - or 2 months from the decision letter, whichever is later.

If You Choose Mediation

What Happens Next:

• Community Accord will organise a meeting within 30 days of your request.
• They’ll invite everyone who needs to be there—this may include representatives from the local authority, health services, and yourself or your child.
• You can bring a supporter or advocate if you wish.

Before the Meeting:

To help you feel prepared:

• Make a bullet-point list of the issues or decisions you’re unhappy with.
• Gather any reports or evidence that support your views.
• Think about what outcomes you hope for and what you’d like to ask the local authority.
• If you have any new information, try to send it in advance.

At the Mediation Meeting

The mediator will:

• Welcome everyone and explain how the meeting will run.
• Go over the agreement to take part and check everyone is happy to proceed.
• Help everyone focus on the issues and guide respectful discussion.
• Make sure everyone has a chance to speak and be heard.
• Summarise any agreements made and issue a mediation certificate at the end.

Afterwards, you’ll receive:

• A copy of the agreement (if one was reached).
• A mediation certificate (even if agreement wasn’t reached - this is needed for appeal).

After Mediation

If you reach an agreement:

The local authority must follow clear legal timeframes. For example:

• If they agree to carry out an EHC needs assessment - they must notify you within 2 weeks.
• If an EHC plan is agreed - a draft must be sent within 5 weeks, and a final plan within 11 weeks.
• If they agree to change the name of a school - an amended plan must be issued within 2 weeks.
• For other amendments - updated EHC plan must be sent within 5 weeks.

If you don’t reach agreement:

You can still appeal to the SEND Tribunal - just make sure to use your mediation certificate and meet the deadlines (1 month from the certificate or 2 months from the original decision letter - whichever is later).

Summary Table

Step	What To Do
Receive decision letter	Decide whether to contact the mediation service
Contact Community Accord	Must be within 2 months of decision
Choose mediation or decline	Either way, get a mediation certificate
If you accept mediation	Meeting arranged within 30 days
After mediation	Agreement followed up or appeal with certificate

Need Help?

If you’d like help preparing for mediation, writing your concerns, or understanding your rights, please contact RIASS. We’re here to support you through every step.

Related Pages

• What to do if I disagree with a SEN decision?

Related PDF Leaflets

• Guidelines for parent carers looking for support with tribunals or disputes