If the school decide not to do an assessment
If your Local Authority think the nursery, school or college can meet the child’s needs without an EHC plan, they are likely not to agree to an EHC needs assessment.
- They should tell you their decision within 6 weeks
- They should give you their reasons
- They may ask the nursery, school or college to arrange a ‘Way Forward’ meeting.
- The LA may come to this meeting.
After this meeting, you may agree that your child does not need an EHC plan, or you can consider mediation or appeal.
Appeals and mediation about EHC plans and statements
If you are thinking about appealing
You need to let your LA know that you are not happy with the decision within a maximum of 2 months if you want to Appeal and this maybe longer if you have mediation.
The mediation service – Global Mediation – is independent. This service can often help you sort out disagreements without having appeal to the First-tier Tribunal. If you do mediation, and you do not sort out your disagreement, you can still go on to appeal.
If desired, children and young people can take part in mediation as well as their parents and carers. Young people who are over 16 can also ask for mediation themselves, or their parents can ask for them.
If your appeal is about an EHC assessment or the education part of an EHC plan, you must get ‘mediation advice’. If you do not want mediation, the mediation service will give you a certificate to give to the Tribunal when you lodge your appeal.
You do not have to get mediation advice if your disagreement is only about the education placement named in EHC plan, the health or care part of an EHC plan, or about a statement. However, you can still have mediation if you want it.
If mediation is not successful, or if you do not want mediation, you can lodge your appeal. You must do this within 2 months of the date on your decision letter or a month from the date of the mediation certificate – whichever is later.
Parents of children under 16, and young people aged 16 to 25, can appeal to the SEND Tribunal about decision about EHC assessments, EHC plans and statements.