If you are unhappy with your your child's school SEN support
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You have the right to raise a concern or to complain about the services you have received.
Concerned about school SEN support for your child
If you are not happy with your child's school SEN support, you should talk to the SENCo or headteacher at the school.
Appeals against a Council SEN decision
Appealing a Council decision is a different course of action to making a complaint.
Barnet’s Local Offer has more information about how to resolve issues and how to complain.
You can appeal a Council decision to:
- not carry out an assessment or reassessment
- not create an EHC plan
- end an EHC plan
- amend or not amend an EHC plan following an annual review
Or, if you do not agree with:
- a description of your child's Special Educational Needs (SEN) in the EHC plan
- the special educational support in the EHC plan
- the school named in the EHC plan, or if a school is not named
You have 2 months from the date on the decision letter to make an appeal.
Independent mediation
If you cannot resolve the issue with the Council, you can appeal to the SEND Tribunal.
To do this, you must speak to an Independent Mediation Advisor, unless you are appealing section I only. This is to discuss whether mediation might be a better way to resolve the issue. Their details will be on your decision letter.
More information about mediation
Mediation process
If you decide to take part in mediation, the advisor will contact the Council to set up a mediation session. The Council must then arrange a mediation session within 30 days.
You do not have to take part in mediation, but the Council must inform you of your right to ask for mediation.
If you decide you want to appeal to the SEND Tribunal instead of mediation, you will need to tell the Advisor. They will then issue you with a Mediation Certificate within 3 working days.
SEND Tribunal
The SEND Tribunal is a national independent panel. It considers appeals against Council decisions about children and young people’s SEN.
Young people (aged 16 to 25) with SEND can also lodge an appeal to the Tribunal with or without their parents.
The Tribunal also deals with claims about disability discrimination against schools.
Your deadline to appeal is 2 months from the date of the Council’s decision letter or 1 month from the date of the mediation certificate, whichever is later.
How to appeal to the SEND Tribunal
Download the appropriate appeal form, fill it in and send to the relevant address on the form:
- Appeal a refusal to start an EHC needs assessment
- Appeal an EHC Plan
- Complain about a school: Disability discrimination
What happens next
Once the SEND tribunal has accepted your appeal, they will write to you within 10 working days to explain:
- what you and the Council must do and by when
- the date of the tribunal hearing
SEND Tribunal hearings
A SEND Tribunal is a panel of Judges, including 1 specialist member with experience of SEND.
Hearings can be about the details of an EHC plan, these are held in person.
Hearings can also be about the refusal to start an EHC needs assessment. These are on-paper hearings. This means you do not attend in person.