If you are not happy with what is happening at any stage, you should contact your named Assessment Officer. Very often, these difficulties can be resolved quite easily.
You may also contact the Special Educational Needs Information Advice and Support Service (SENDIAS).
If you are still not in agreement you have the right to appeal to an independent Tribunal, called the SEN and Disability Tribunal. You can get information about this tribunal from us, from SENDIAS or directly from the Tribunal Office
You can appeal to the SEND Tribunal when the Local Authority decides
- not carry out an EHC needs assessment of your child
- not to draw up an EHC plan for your child following an assessment
- the Local Authority decides not to amend the plan after a review or re-assessment
- the Local Authority decides to cease to maintain your child’s plan.
You can also appeal if you do not agree with the
- parts of the plan that describe your child’s special educational needs (Section B)
- special educational provision set out in the plan (Section F)
- school or setting named in the plan (Section I)
The Local Authority provides an independent mediation service which is specifically linked to decisions about EHC needs assessments and plans. You will need to contact the mediation service if you are thinking about appealing to the tribunal as you will need a mediation certificate to confirm that you have engaged in mediation, or have considered mediation, in order to register an appeal. Luton Borough Council uses ‘KIDS’ for disagreement resolution and mediation.
Parents, schools and the Council also have access to a Disagreement Resolution Service. This service provides an independent person who will aim to help the parties reach an agreement. If you decide to use the Disagreement Resolution Service you may also go to the Tribunal at the same time.
If you would like more information please contact SENDIAS Service on Luton (01582) 548156.