Once a request for an Education Health and Care plan (EHC plan), has been made, the local authority must make a decision and communicate that decision to the child’s parent/carer or the young person within six weeks of receiving the request.
If the local authority decides an EHC plan is not necessary, the child’s parent or the young person has the right to appeal to the Tribunal (First-tier Tribunal (Special Educational Needs and Disability)) which is overseen by Her Majesty’s Courts and Tribunal Service. The parent or young person have up to two months from the date the decision letter is sent by the Local Authority to register the appeal. Where it is fair and just to do so, the Tribunal has the power to accept appeals outside the two month time limit.
Parents and young people who wish to register an appeal to the Tribunal may do so only after they have contacted an independent mediation adviser. In Wandsworth this is provided by KIDS SEND Mediation Service, to discuss whether mediation might be a suitable way of resolving the disagreement. It is not compulsory to attend mediation however; a certificate must be issued by the mediation advisers which can only be done after the parent or young person has made contacted with the mediation service.
In the case where a mediation certificate has been issued, the parent or young person has one month to register an appeal. The Tribunal will not take account of the mediation which has taken place, or has not been taken up. Choosing not to go to mediation will not affect the decision of the Tribunal.
To find out more visit the GOV.UK website.
Who to contact
To use this service you or your child can refer yourself, or ask a professional to help refer you.
- Local Offer Age Bands
Transitions to Adulthood (16+)
Secondary (11-16 years)
Primary (4-10 years)
Early Years (0-4 years)
Last updated: 04 Oct 2018