What to do when things go wrong with SEND

You could contact the Education, Health and Care Coordinator and ask for an explanation of the decision.

The iSEND team at BC may offer a Way Forward meeting to discuss the reasons for their decision. This is usually with you, the EHCCo and the education provider.

If you are a young person with SEND or the parent/carer of a child with SEND and you disagree with an appealable decision made by Buckinghamshire Council, you have a right to formal mediation and to appeal to the national SEND first tier tribunal. Find detailed information below.

Mediation will help you to understand the strengths and weaknesses of your case, before you reach a Tribunal hearing.

The Local Authority must send a representative to the mediation who has the authority to make decisions about the mediation issues, so sometimes, if there is enough evidence, the representative will overturn the refusal to assess decision at the mediation. If this is the case, make sure this is clearly stated in the mediation agreement in the below section and ask for a new decision letter to be sent to you as part of the agreement.

Perhaps there is not enough evidence to overturn the decision, but there is evidence that more help or assessment is needed, this could be agreed at the mediation and included in the mediation agreement.

Mediation can also be helpful if you have never had a proper discussion with the LA about why they have reached their decision or if you feel there may be information that has not been properly considered.

The mediator will begin with introductions and will explain their role and the purpose of mediation. The agenda is not fixed, but usually follows the following pattern:

1. The parent/young person will be asked to give an introduction to the child/themselves, followed by a summary of the situation, further information and why they disagree with the decision. The Local Authority’s representative will ask questions and look at paperwork as appropriate
2. The Local Authority representative will be asked to state their views and what they see the next steps being. There is an opportunity for you to ask questions and discuss information
3. If there are clear routes to explore further the parties may separately discuss options in virtual 'break out rooms', with the mediator moving between the  'break out rooms' to try to gain clarification and agreements
4. The parties will then all meet up again and the mediator will summarise the meeting and what has been agreed
5. A mediation agreement or action plan is then written which is signed by all parties present. It should  set out clearly what has been agreed with no wriggle room -  so with timescales, and the names of those responsible for completing the actions. This agreement is legally binding and confidential, it will not be shared unless all participants agree. If the Local Authority agrees to take certain steps in a mediation agreement but then fails to do so, they are acting unlawfully. This could be challenged via judicial review
6. A mediation certificate will be issued.  The certificate states the date of attendance but does not give details of what was agreed. This certificate is required to make a Tribunal appeal

Mediation is free of charge.

Mediation meetings are usually held remotely so you will need access to a suitable device.

Mediation meetings usually last at least 2 hours.

To prepare, you may want to:

• Consider whether the child/young person should attend some or all of the mediation meeting. If they aren't attending bring a recent photograph or 1 minute video so all parties can see who is being discussed
• Obtain the child’s/young person’s views so they can be shared
• Have reports, letters and other evidence to hand so you can produce it quickly
• Have a pen or device to hand so that you can take notes - although these usually have to be destroyed at the end of the mediation meeting
• Know what you want from mediation and what you would be prepared to accept
• Invite a trusted friend to support and prompt you

Regulations 42 and 44 of the Special Educational Needs and Disability Regulations 2014 set out certain timescales that an LA must stick to after mediation. If at the mediation the Local Authority agrees:

• To carry out an EHC needs assessment: the LA must notify the parent or young person that it is starting within 2 weeks, then either let the parent or young person know they have decided not to issue an EHC plan within 10 weeks, or send a finalised EHC plan within 14 weeks
• To issue an EHC plan: the LA must issue the draft plan within 5 weeks and the finalised EHC plan within 11 weeks
• To change the name of a school in an EHC plan: the LA must issue the amended EHC Plan within 2 weeks
• To amend an EHC plan: the LA must issue the amended EHC Plan within 5 weeks

This type of appeal will be decided by the Tribunal only on the basis of the paperwork you and the local authority send them. There is no face to face hearing for you to attend - unless you specifically ask for this, and this is agreed. In most cases, this is not necessary.

To appeal about a refusal to assess,  follow the steps in order.

1. Contact Global Mediation within two months of the date of the decision letter you have received from the Local Authority:
2. Call Global Mediation on 0800 064 4488 or email [email protected]
3. The Mediation Adviser at Global Mediation will explain about mediation and what it has to offer. Also see our section on mediation above.

The Mediation Adviser will ask you if you want:

• a mediation meeting followed by a mediation certificate or
• just a mediation certificate

You do not have to agree to have a mediation meeting. If you decide not to have a mediation meeting you will be issued straightaway with a mediation certificate.

If you decide to go ahead with mediation then the mediation meeting should be arranged within 30 days from your call with Global Mediation.

You must be given at least 5 days' notice of the date/time of the mediation meeting. You will receive a mediation certificate within a day or so after the mediation meeting.

Once you have your mediation certificate, if the mediation did not resolve all your concerns and you still want to challenge the decision, you will need to make a refusal to assess appeal.

An appeal can be made within:

• two months from the decision letter or
• one month from the date of the mediation certificate
• whichever is later

You will need the Tribunal refusal to assess appeal form SEND35a Special Educational Needs and Disability Tribunal appeal a refusal to secure an EHC Needs Assessment.

For further information see our refusal to assess webinar.

6 weeks after the request for Education, Health and Care Needs Assessment is made, you must be sent a decision letter. In Buckinghamshire this is usually sent by encrypted email using Egress. The email will come from the integrated SEND team. You may need to ask a trusted friend to help you to open the email. Keep this letter as you will need it again if you want to challenge the decision.

When the local authority decides not to agree to an Education, Health and Care Needs (EHC) assessment, this is often called a 'refusal to assess'.   If you have received a refusal to assess decision, you may feel unhappy about it. You may want to know how to challenge it. To do so, it is important to know how the local authority must make its decision.

The local authority's decision must be based on a 'legal test'.

The 'legal test' for an EHC needs assessment is as follows:

• Children and Families Act 2014 (Section 36) (8):
  • The local authority must secure an EHC needs assessment for the child or young person if, after having regard to any views expressed and evidence submitted under subsection (7), the authority is of the opinion that:

(a) the child or young person has or may have special educational needs, and

(b) it may be necessary for special educational provision to be made for the child or young person in accordance with an EHC plan

There is guidance in the SEND Code of Practice section 9.14 which helps the local authority to make their decision. This is guidance though, so advisory, not compulsory  - it is not the legal test. Some of the guidance is about the evidence the local authority could look at:

• Is there evidence (usually paperwork) to show that the education provider has taken relevant and purposeful action to identify, assess and meet the special educational needs of the child or young person?
• If the evidence shows that this action has been taken, does it also show that the child or young person has not made expected progress?

To inform their decision the local authority should have taken into account a wide range of evidence, with particular attention to:

• Evidence of the child or young person’s academic attainment (or developmental milestones in younger children) and rate of progress
• Information about the nature, extent and context of the child or young person’s SEN
• Evidence of the action already being taken by the early years provider, school or post-16 institution to meet the child or young person’s SEN
• Evidence that where progress has been made, it has only been as the result of much additional intervention and support over and above that which is usually provided
• Evidence of the child or young person’s physical, emotional and social development and health needs, drawing on relevant evidence from clinicians and other health professionals and what has been done to meet these by other agencies
• Where a young person is aged over 18, the local authority must consider whether the young person requires additional time, in comparison to the majority of others of the same age who do not have special educational needs, to complete their education or training

The decision letter must refer to the 'legal test' and may also refer to the evidence the local authority has used to make its decision.

So before deciding whether or not to appeal about a refusal to assess, it will be important to consider:

1. Has the local authority used the legal test to make its decision?
2. What evidence has it looked at?

Look closely at the reasons for the decision. Is the local authority showing that it has used the legal test and relevant evidence to make the decision?

You may want to challenge the decision if:

• the local authority has not mentioned the legal test in their decision
• the local authority has not mentioned the evidence it has used to make the decision
• and/or has not used all the evidence to make the decision
• and/or has used old or irrelevant evidence

Think about whether your child or young person meets the legal test:

• they have or may have SEN and it may be necessary for special educational provision to be made for them in accordance with an EHC plan
• my child or young person has not been making progress and is already getting a high level of SEN Support
• my child or young person has not been making progress and should be having more SEN Support. I have met with the education provider and asked for more help, but they haven't provided it
• my child or young person has not been making progress and is not getting all they could from SEN Support. I have not asked the education provider for more help
• you may want to work with the education provider to make sure the SEN Support plan is as good as it can be. You can make another request if you want to.  You can still challenge the decision if you want to
• my child or young person is making progress and having their needs met by SEN Support- you may want to accept the decision and carry on working with the education provider to make sure the SEN Support plan is as good as it can be. You can make another request if you want to. You can still challenge the decision if you want to

You can appeal a refusal to assess decision if you are the parent of a child aged 0 to 16, or if you are a young person aged 16 to 25. The important date to know is the end of compulsory school age. The last Friday in June when the young person turns 16. Once the young person is over compulsory school age, they are usually expected to make the appeal. In section 6 of the form a parent can be named as an advocate to speak on behalf of the young person.

Some young people lack the mental capacity to understand the purpose of the appeal or the process. If this is the case, the young person is not able to make the appeal, so an alternative person, often the parent/carer, can do so for them.

The most important questions on the form are:

• Whether the child or young person has or may have SEN?
• Refer to the What is SEND section of these webpages
• Perhaps there are uncertainties about what the difficulties are, what causes them or the scale of them. If so, mention this
• Whether the child or young person may require an EHC plan?
• Refer to the relevant SEN Support section of these webpages

For further help with this section, refer to 'EHC needs assessment - the legal test' above and to the IPSEA refusal to assess guide, especially section 3 and this video from Suffolk SENDIAS Service.

• Which local authority made the decision that you are appealing against? For example, Buckinghamshire Council
• What is the date on the decision letter from the local authority? Find the date on the decision letter you received.

If you have missed the deadline to appeal and are wanting to make a late appeal and/or if you do not have a mediation certificate, you will need to explain why this is. Reasons could include, a family illness or bereavement, misunderstanding about the appeal process. You will need to send evidence for the reasons with the form such as letters or emails from health and SEND professionals.

Here you confirm whether you want the decision to be made by the Tribunal 'without an oral hearing', this means on the paperwork only, or as an oral, face to face hearing (usually held virtually).

Here you confirm whether you want the decision to be made by the Tribunal 'without an oral hearing', this means on the paperwork only, or as an oral, face to face hearing (usually held virtually).Unless you have another appeal about the same child or young person, or their brother or sister,  you can leave this part blank.

Unless you have another appeal about the same child or young person, or their brother or sister,  you can leave this part blank.

You can appeal a refusal to assess decision if you are the parent of a child aged 0 to16, or if you are a young person aged 16 to 25. The important date to know is the end of compulsory school age - the last Friday in June when the young person turns 16.

Once the young person is over compulsory school age, they are usually expected to  make the appeal. Some young people lack the mental capacity to understand the purpose of the appeal or the process. If this is the case, the young person is not able to make the appeal, so an alternative person, often the parent/carer can do so for them.

You will need to state whether anyone else has parental responsibility for the child or young person. You will need to confirm you have let them know, or give good reasons why you do not want to let them know.

You will need to include details of any other court order concerning the child or young person.

The next part of section 6 is about advocates and representatives.

Advocate: If a young person is making the appeal and they want an advocate to speak for them, then the advocate's name and contact details should be included here. Often the young person will choose their parent to be their advocate. If there is no advocate, leave this section blank.

Representative : If you do not have a representative, tick no and leave the section blank. If you have decided to use a legal help then put the details of your lawyer here. Find information about free and paid for legal help on our other sources of help page.

At the bottom of this section if you have a representative, you need to tick who the paperwork is being sent to, the representative or the advocate. If you have a representative, the paperwork will be sent to them unless you indicate that you want it sent to the advocate. If there is not a representative or an advocate, paperwork will be sent to the person named in Section 5, part A.

If a young person is making the appeal and they want their advocate to receive the paperwork, tick Advocate and the paperwork will go to the advocate.

The tribunal will only send the paperwork to one person.

Any help the parent or young person will need to participate in an oral hearing for example, an interpreter.

You can leave this section blank if you have agreed to a decision based on paperwork only in section 4.

To send in your form you will need to complete all the sections of the form and sign and date it.

You will need to attach:

• A copy of the refusal to assess decision letter from Buckinghamshire Council
• A copy of your mediation certificate from Global Mediation

Refer to this checklist  when you have finished the form and are ready to send it to make sure you have included everything

Sign and date the form. You can simply type your name in the signature box if you want to, it doesn't have to be a handwritten signature.

If you have named a representative on the form, they can sign on your behalf. They will need to say who they are representing.

This includes the email address to send in the form. We recommend you use email to send in your appeal form, decision letter, mediation certificate and any other evidence you want to send.

1. Check you have the letter from Buckinghamshire Council with the decision about a refusal to issue an EHC plan. If you do not, contact the integrated SEND team. You should have received the letter at the latest within 16 weeks of the date the request for Education, Health and Care needs assessment was made. The letter must give the reasons for the decision and your right to appeal this decision to the SEND Tribunal
2. Check the date of the letter compared to today's date. No more than 2 months should have passed since the letter was sent to you.  You may still be able to appeal if more than 2 months have passed, but there should be good reasons for the delay
3. Contact Global Mediation within two months of the date of the decision letter you have received from the Local Authority

Call Global Mediation on 0800 064 4488 or email [email protected]

The Mediation Adviser at Global Mediation will explain about mediation and what it has to offer. Also see our section on mediation above

The Mediation Adviser will ask you if you want:

• a mediation meeting followed by a mediation certificate or
• just a mediation certificate

You do not have to agree to have a mediation meeting. If you decide not to have a mediation meeting you will be issued straightaway with a mediation certificate.

If you decide to go ahead with mediation then this should be arranged within 30 days from your call with Global Mediation.

To prepare for the mediation meeting, refer to:

• our section on SEN Support relating to the child or young person's age
• our section on EHC needs assessment
• IPSEA's  Refusal to Issue pack: Appeals against a refusal to issue an EHC plan

You must be given at least 5 days' notice of the date/time of the mediation.

You will receive a mediation certificate within a day or so after the mediation meeting.

Once you have your mediation certificate, if you still want to challenge the decision,  lodge an appeal.

An appeal can be lodged within:

• two months from the decision letter or
• one month from the date of the mediation certificate

whichever is later.

You will need the Tribunal appeal form 'SEND35 Special Educational Needs and Disability Tribunal appeal'.

To help with the refusal to issue an EHC plan appeal, refer to:

• our section on SEN Support relating to the child or young person's age
• our section on EHC needs assessment
• IPSEA's  Refusal to Issue pack: Appeals against a refusal to issue an EHC plan

1. Check you have a Final EHC plan or Final Amended EHC plan

2. Check you have the letter from Buckinghamshire Council which came with the EHC plan. If you do not, contact the integrated SEND team

1. Check you have a Final EHC plan or Final Amended EHC plan

2. Check you have the letter from Buckinghamshire Council which details the decision not to change your child's EHC plan. If you do not, contact the integrated SEND team

3. Check the date of the letter compared to today's date, no more than 2 months should have passed since the letter was sent to you. You may still be able to appeal if more than 2 months have passed, but there should be good reasons for the delay

4. Identify which sections of the EHC plan you do not agree with. A tribunal can decide the contents of section B, section F (Special Educational Provision) and section I (Educational placement, early years setting, school, further education college). If there are disputes about sections B, F and/or I it can also make recommendations about sections C and G , health needs and health provision and sections D and H, social care needs and social care provision.  Even if you are only concerned about educational placement, it is highly recommended to appeal on sections B, F and I. This is because the Tribunal will base its decision about educational placement in section I on the special educational needs in section B and the special educational provision in section F, often these are vague, inaccurate or incomplete, and do require changes to make sure the decision about educational placement is based on correct information

5. Contact Global Mediation within two months of the date of the decision letter you have received from the Local Authority, call Global Mediation on 0800 064 4488 or email [email protected]. The Mediation Adviser at Global Mediation will explain about mediation and what it has to offer. Also see our section on mediation above

The Mediation Adviser will ask you if you want:

• A mediation meeting followed by a mediation certificate or just a mediation certificate
• If you only want to appeal about Section I of the EHC plan you do not have to have a mediation meeting or a mediation certificate to make a tribunal appeal.  
• You have the right to have mediation only on section I if you want it
• Bucks SENDIAS Service does not recommend appealing only on section I of an EHC plan
• You do not have to agree to have a mediation meeting
• If you decide not to have a mediation meeting you will be issued straightaway with a mediation certificate
• If you decide to go ahead with mediation then this should be arranged within 30 days from your call with Global Mediation
• You must be given at least 5 days' notice of the date/time of the mediation
• You will receive a mediation certificate within a day or so after the mediation meeting
• Once you have your mediation certificate, if you still want to challenge the decision, lodge an appeal

An appeal can be lodged within two months from the decision letter or one month from the date of the mediation certificate, whichever is later. Follow the steps in order.

• Check you have a Final EHC plan or Final Amended EHC plan
• Check you have the letter from Buckinghamshire Council which came with the EHC plan. If you do not, contact the integrated SEND team
• Check the date of the letter compared to today's date - no more than 2 months should have passed since the letter was sent to you.  You may still be able to appeal if more than 2 months have passed, but there should be good reasons for the delay
• Identify which sections of the EHC plan you do not agree with. A tribunal can decide the contents of section B and section F
• If there are disputes about sections B, F and/or I it can also make recommendations about sections C and G, health needs and health provision and sections D and H, social care needs and social care provision.

Even if you are only concerned about educational placement, it is highly recommended to appeal on sections B, F and I. This is because the Tribunal will base its decision about educational placement in section I on the special educational needs in section B and the special educational provision in section F, often these are vague, inaccurate or incomplete, and do require changes to make sure the decision about educational placement is based on correct information.

To submit an appeal to the SEND Tribunal, you will need to complete the 'SEND35 Special Educational Needs and Disability Tribunal appeal' form.

1. Check you have a Final EHC plan or Final Amended EHC plan
2. Check you have the 'cease to maintain' decision letter from Buckinghamshire Council which came with the EHC plan giving you the right to appeal. If you do not, contact the integrated SEND team
3. Check the date of the letter compared to today's date. No more than 2 months should have passed since the letter was sent to you.  You may still be able to appeal if more than 2 months have passed, but there should be good reasons for the delay
4. Check the reasons given for the decision in the decision letter. Are they correct?
5. Check whether Buckinghamshire Council is no longer legally responsible for the child or young person. They will no longer be responsible if:

• the young person has taken up paid employment (excluding apprenticeships)
• the young person has started higher education (university)
• the young person aged 18 or over has left education and no longer wishes to engage in further learning
• the young person has turned 25 or
• the child or young person has moved to a different local authority

If any of these are the case, there will be no point making an appeal.

Check whether there are reasons why the EHC plan is no longer necessary:

• Have the special educational needs changed significantly?
• Perhaps the child or young person's needs have reduced and they no longer require the help in the EHC plan.
• Have the outcomes been met?

For a young person over 18 the local authority must consider whether the outcomes in section E of the EHC plan have been met before they cease it. The EHC plan may still be necessary if new outcomes are required to be set. A young person with an EHC plan may take longer to achieve the outcomes in their EHC plan so may require to continue in education or training. This education or training can consist of small steps of learning, it does not have to lead to a qualification or a job. The EHC plan must not be ceased just because the young person has finished a particular course.

Is the child or young person in education?

An EHC plan for a child or young person up to the age of 18 must not be ceased simply because they are not attending education, perhaps because they have been excluded or are choosing not to attend. For a young person over 18, the EHC plan must not be ceased if they want to continue learning in any setting. The local authority may decide that further education or training would not be appropriate for the young person over 18 even if they want to continue learning.

Has an annual review been held to consider the above before the cease to maintain decision letter was issued?

In all cases if the reason in the letter relates to the EHC plan being no longer necessary, an annual review should have been held to consider this. The record of the annual review meeting must be sent to you within 2 weeks of the annual review meeting. You may have to ask for a copy of it from the educational placement or from the integrated SEND team.

If you have checked these points and still think you have strong grounds for appeal, because the reasons for the decision in the letter are wrong, continue to step 6.

6. Contact Global Mediation within two months of the date of the decision letter you have received from the Local Authority. Call Global Mediation on 0800 064 4488 or email [email protected]. The Mediation Adviser at Global Mediation will explain about mediation and what it has to offer. Also see our section on mediation above.

The Mediation Adviser will ask you if you want:

• a mediation meeting followed by a mediation certificate or
• just a mediation certificate

You do not have to agree to have a mediation meeting. If you decide not to have a mediation meeting you will be issued straightaway with a mediation certificate. If you decide to go ahead with mediation then this should be arranged within 30 days from your call with Global Mediation.

You must be given at least 5 days' notice of the date/time of the mediation. You will receive a mediation certificate within a day or so after the mediation meeting

7. Once you have your mediation certificate, if you still want to challenge the decision,  lodge an appeal. An appeal can be lodged within two months from the decision letter or you will need the Tribunal appeal form SEND35 Special Educational Needs and Disability Tribunal appeal.

To help with the refusal to maintain an EHC plan appeal, refer to:

• IPSEA's  advice- If your LA takes away your EHC plan
• Surrey SENDIAS advice

You can appeal if you are the parent of a child aged 0 to 16, or if you are a young person aged 16 to 25. The important date to know is the end of compulsory school age, the last Friday in June when the young person turns 16. Once the young person is over compulsory school age, they are usually expected to  make the appeal. In section 7 of the form a parent can be named as an advocate to speak on behalf of the young person.

Some young people lack the mental capacity to understand the purpose of the appeal or the process. If this is the case, the young person is not able to make the appeal, so an alternative person, often the parent/carer, can do so for them.

You will need to tick at least one box in the list of 6 options above the word 'and' (printed in bold type).

• If the local authority has done an EHC needs assessment, but has refused to issue an EHC plan, tick: The Local Authority secured an EHC assessment but refused to make an EHC plan
• If this is your first EHC plan - tick The Local Authority has issued an EHC plan following an EHC needs assessment
• If there is already an EHC plan and you have asked for a re-assessment and this has been refused, tick: The Local Authority has refused to secure a Re-Assessment of EHC Needs
• If you are appealing because the local authority has refused to make changes to an existing EHC plan following an annual review - tick The Local Authority has carried out an annual review of the EHC plan
• If the local authority carried out a re-assessment, but has refused to make changes to the EHC plan, tick: The Local Authority has refused to amend the EHC plan after an EHC Needs Re-Assessment
• If you are appealing because the local authority wants to end the EHC plan, tick: The Local Authority has decided that the EHC plan is no longer necessary and are going to ‘Cease to Maintain’ the plan

You will need to tick at least one box below the word 'and' (printed in bold type)

If you do not agree that the child or young person's difficulties are fully, clearly and accurately described tick: I disagree with what the EHC plan says about the child or young person's special educational needs (Section B)

If you do not agree that the educational help the child or young person requires is fully, clearly and accurately described tick: I disagree with what the EHC plan says about the educational help/provision the child or Young Person requires (Section F)

If you do not think the educational placement named on the plan is right for the child or young person, tick: I disagree with the school/college/institution named in the EHC plan (Section I)

or 

If the local authority has only put a type of educational placement, not the name of an early years setting, school or further education college on the Final EHC plan, tick: The Local Authority has not named a school/college/institution in the EHC plan (Section I)

The usual advice if you want to change section I is to also tick the boxes for Sections B (needs), F (provision) and I (placement).

The next part of section 2 is not relevant if you only want to change sections B and F. It is only relevant if you want to change section I. The first three large boxes ask for the details of the school you want, if you already know. If you do know, you should contact the school to let them know you will be asking for the child  or the young person to be placed there. Include dates of any contact with the school here including any answer from them.

You could refer to any visits you have made and to any consultations that confirm the school feel they can meet your son/ daughter’s needs.

If the school you want is an independent school you will need to include their offer letter with your appeal.

For example: 'I emailed Superb School on 24 August 2022 to let them know I was appealing to have a place at their school. Copy of my email attached with copy of their response saying they can meet my child's needs and have a place available.'

If you do not know which school, leave the first three large boxes blank, and fill in the 4th box which asks about type of school -  a mainstream or specialist early years setting, school or further education college. If you know which type, write mainstream or specialist in this box.

If you do not know, say so and say why not - for example this may be because important assessments to identify the child or young person's special educational needs are not yet complete.

The last part of section 2 asks whether you will be wanting the Tribunal to make recommendations about the health and/or social care sections of the EHC plan - these are:

• sections C and G - health
• sections D and H1 and H2  - social care.

You will be asked for more detail about this in section 4.

This is the most important section of the form -  so allow plenty of time to do it carefully.

You will need to fill in the boxes relevant to the type of appeal you are making. Write 'not applicable' in the other boxes. So for example, you must complete the first box for all appeals. If you are not appealing to change section I, you will not have to fill in the last box on the page.

Keep your points short and relevant to the appeal. If you include unnecessary information the tribunal panel may miss your relevant points.  If you have a complaint, this is not the place to make it. See our section on complaints.

Back up your points with evidence for example See the underlined section of the Educational Psychologist report 2018 page 23.

Organise your points using headings and numbered or bullet pointed lists.

See pointers for each subsection below:

Give context to the appeal and a summary of the issues

• For example - my son has the following diagnoses and difficulties. I disagree with the LA’s choice of school because it cannot meet my son’s needs. I do not feel that a mainstream setting is suitable for my son.

• Are the needs all described clearly and accurately in the EHC plan?
• Do you feel there are any needs that have not been fully assessed or identified?
• Are there any recent reports that you feel the LA have not considered? For example, therapists, CAMHS, educational psychologist, annual review report

For example:

• Section B is incomplete
• There is nothing in Section B about my child's difficulties with staying safe. There is evidence for this need underlined in the school report 2022 p4.

• What support/ provision is missing?
• Are there needs in section B that do not have corresponding provision in Section F?
• Are there any recent reports that you feel have not been included or considered?

For example:

• Section F is incomplete
• Section F does not include help for all the needs described in section B
• Evidence shows that my child requires help for speech and language difficulties from a speech and language therapist. This help should be for 1 hour per week. This help is not included in the Final EHC plan. See underlined section of Speech and Language Therapy report 2022 p.3
• Some of my child's needs are missing from Section B (see above). There should be help to match the special educational need in section

Include evidence supporting changes wanted to sections B and F such as reports, quotes from annual review meeting, views of the child or young person.

• If the child or young person requires help which the school is not able to provide, list this here
• Explain the impact on the child or young person if they went to/ stayed at this school

For example:

• Hydrotherapy - evidence underlined from medical report 2022 p11 shows that my child requires daily hydrotherapy during the school day to keep her limbs supple. The school named is not able to provide this help.
• Peer group - evidence underlined from educational psychology report 2022 p5 shows that my child is functioning at a level 4 years below her peers and should be placed in a school with children at a similar level. If she attends the school named I fear she will be very isolated and not be able to make friends because the other children are all functioning at an age appropriate level.

List what this school can provide - you may want to consider:

• environment
• specialist knowledge
• peer group
• group size

Explain how this links to your child’s needs.

For example:

• This school is on a flat site and has no stairs. My child has mobility difficulties and finds stairs difficult. See Section B2 of his EHCP and the underlined wording in the Occupational Therapy report August 2022 p2.

Include relevant quotes from professionals. List what the school named on the EHC plan does not offer for your child – the gaps. Explain why it does not meet your child’s needs.

For example:

The named school mainly supports children with ADHD with their social and emotional difficulties. My child has ASD, they will benefit much more from expertise in communication and interaction, provided at my preferred school. 

You can request that the Tribunal makes recommendations about the Health and Social Care sections of the EHC plan (Section C, D, G and H).  You can only do this if you are also appealing about sections B, F and/or I. If the Tribunal does make recommendations, they are not legally binding, but there is a strong expectation that the recommendations will be followed and a duty to provide reasons if they will not.

Remember that any help relating to educating or training the child or young person ought to be in section F of the EHC plan. Examples might include speech and language therapy, cognitive behaviour therapy.

Keep your points short and relevant to the appeal

Back up your points with evidence for example See the underlined section of the Educational Psychologist report 2018 page 23.

Organise your points using headings and numbered or bullet pointed lists.

If sections C, D, G or H in the EHC plan are blank you can ask for:

• Health to undertake an assessment of your child’s healthcare needs and provision and for those to be identified in sections C and G
• Social Care Services to undertake an assessment of your child’s social care needs and provision, and for those to be identified in Sections D and H

If you feel that sections are inadequate you could say that needs and provision have not been fully identified.

If you don’t want any change in these sections, then you can put N/A

• Which local authority made the decision that you are appealing against?
  • Buckinghamshire Council
    
• What is the date on the decision letter from the local authority? 
  • Find the date on the decision letter you received
    
• Late appeal or no mediation certificate
  • If you have missed the deadline to appeal and are wanting to make a late appeal and/or if you do not have a mediation certificate, you will need to have a good reason, tick the relevant small box(es) and explain further in the large box. Reasons could include:
    • a family illness
    • bereavement
    • misunderstanding about the appeal process

You will need to send evidence for the reasons with the form such as letters or emails from health and SEND professionals. e.g. I had a road traffic accident in January 2022 which led to post-traumatic stress disorder. I have been off work and on strong medication which affects my concentration.  See underlined section of GP letter June 2022 p2.

You can appeal if you are the parent of a child aged 0 to 16, or if you are a young person aged 16 to 25. The important date to know is the end of compulsory school age - the last Friday in June when the young person turns 16. Once the young person is over compulsory school age, they are usually expected to make the appeal. Some young people lack the mental capacity to understand the purpose of the appeal or the process. If this is the case, the young person is not able to make the appeal, so an alternative person often the parent/carer can do so for them.

If the young person does have the mental capacity to understand the purpose of the appeal or the process, but does not feel able to do so, an advocate can speak for them. This is covered in section 7.

You will need to state whether anyone else has parental responsibility for the child or young person. You will need to confirm you have let them know, or give good reasons why you do not want to let them know. If no one else has parental responsibility, leave this box blank.

You will need to include details of any other court order concerning the child or young person. If there is no other court order, leave this box blank.

The next part of section 7 is about advocates and representatives.

Advocate: If a young person is making the appeal and they want an advocate to speak for them, then the advocate's name and contact details should be included here. Often the young person will choose their parent to be their advocate. Or if you are a disabled parent and have an advocate, give the details here. If there is no advocate, leave this section blank.

Representative : Most appeals are made to the Tribunal without a representative. If you do not have a representative, tick no and leave the section blank. If you have decided to use a legal help then put the details of your lawyer here. Find information about free and paid for legal help on our other sources of help page.

At the bottom of this section if you have a representative, you need to tick who the paperwork is being sent to. If you have a representative, the paperwork will be sent to them unless you indicate that you want it sent to one of the other people listed here. If there is not a representative paperwork will be sent to the person named in Section 6, part A.

The tribunal will only send the paperwork to one person.

Any help the parent or young person will need to participate in an oral (face to face) hearing e.g.an interpreter.

Answer ''yes' or 'no' to these questions.

The 1st  question in this section gives you the chance to request that the decision is only made on the paperwork rather than at a face to face hearing. This may seem less stressful, but it will mean that there is no opportunity for the Tribunal panel to ask questions of you or others attending, and important information and opinions could be missed. Our advice is to tick 'no' to this 1st small box. If you do tick 'yes', the Tribunal will decide whether or not to agree to this.

The 2nd question in this section gives you the chance to request an earlier hearing date if one becomes available. This could make sense for you, but remember if you want others to attend with you for example witnesses, a representative, they may not be available for an earlier date, which could put you at a disadvantage.

The 3rd question in this section asks if you have another Tribunal appeal going on at the same time about this child or another of your children. This other appeal could be about an EHC needs assessment or EHC plan or about a disability discrimination claim.

To send in your form you will need to complete all the sections of the form and sign and date it.

You will need to attach:

• A signed and dated letter from Buckinghamshire Council giving you the right of appeal  - the decision letter
• A copy of the signed mediation certificate from Global Mediation if your appeal is not only about section I
• A copy of the EHC plan and all the documents listed in Section K  of the EHC plan (where a plan has been issued) . You may need to request for this to be sent to you from the integrated SEND team by emailing [email protected]

Refer to this checklist  when you have finished the form and are ready to send it to make sure you have included everything.

You can also submit any evidence that you feel may be relevant to your case. For example, school reports, professionals’ reports, parent and young person’s views, examples of work, attendance records, timetable, achievement levels, progress checks

Section I appeals must include information about the school you want for example prospectus, Ofsted report, SEND Information Report, relevant policies.

If you want an Independent School you will need a letter from the head teacher of the school, confirming that the school is offering a place to your child and details of cost of placement. We suggest that you ask the school to include in the letter that they are holding the place open until the result of the Tribunal.

Sign and date the form. You can simply type your name in the signature box if you want to, it doesn't have to be a handwritten signature. If you have named a representative on the form, they can sign on your behalf. They will need to say who they are representing.

This includes the email address to send in the form. We recommend you use email to send in your appeal form, decision letter, mediation certificate and any other evidence you want to send. 

Remember to let the Tribunal know if any details from this form change after you have sent it.  If possible wait to receive confirmation that your appeal has been registered before you do so.

You will be given an appeal number when your appeal is confirmed as registered.

Always quote the appeal number when you are contacting the Tribunal by using it in the subject line of any email.

Always copy in the local authority to emails to the Tribunal about the appeal.

This video will show you what to expect at a Tribunal video hearing