Resolving disagreements

Leeds City Council is committed to providing the best possible service and we want to work with you to resolve any issues. If you are unhappy with anything in relation to an Education, Health and Care (EHC) needs assessment or an EHC plan, please contact us by email at sensap@leeds.gov.uk or call on 0113 376 0062.

Initially we would like to resolve any disagreements locally with families so we will look into any complaint and get back to you. If you are not happy with this then you will have the opportunity to escalate this.

Disagreement resolution

In some circumstances, a quick and non-adversarial way to resolving issues can be achieved through a disagreement resolution approach. Disagreement resolution arrangements are designed to resolve issues about the performance of duties, SEN provision, disagreements over health and social care provision and disagreements between health commissioners and local authorities. They are completely voluntary. Parents and young people can use the complaints procedures in addition to using disagreement resolution services.

Mediation

If parents or young people wish to make an appeal to the Tribunal they must contact an independent mediation advisor within two months to see if this may be a suitable way of resolving a disagreement and to get mediation information. This would be when the local authority takes the following decisions:

•     When a local authority decides not to carry out an EHC needs assessment

•     When a local authority decides not to draw up an EHC plan

•     After parents or young people receive a final or amended final EHC plan

•     Following a decision to cease to maintain an EHC plan

If a parent or young person does wish to have formal mediation, then the local authority will arrange this with the mediation advisor within 30 days of being advised of this decision. Once mediation is completed the mediation advisor must issue a certificate within 3 working days so that the parent or young person can appeal to the tribunal if they still wish to.

If a parent or young person, after receiving all the information from the mediation advisor, decides not to go to formal mediation, the advisor will issue them with a certificate within 3 days of the parent or young person telling them. This will confirm that information has been provided and it will enable the parent or young person to lodge their appeal with the SEND tribunal.  

The only time that parents and young people do not have to contact a mediation advisor prior to registering an appeal is when it is solely about the name of a school or college or other institution named in the plan.

Mediation and disagreement resolution services are free to parents and young people, and the local authority must attend mediation if requested to do so. 

If you wish to use this independent mediation service please contact Collis Mediation Ltd Home Tel:  07715 958 290 Email:  info@collismediationltd.com 

SEN & Disability Tribunal

Following a certificate of mediation, parents and young people can appeal to the first-tier tribunal against decisions made by the local authority about their education. Parents and young people have one month from receiving a certificate to register an appeal with the tribunal or 2 months from the original decision from the LA whichever is the later.

The Government are extending the powers of the First-tier Tribunal (SEND), sometimes referred to as the ‘SEND Tribunal’, to make non-binding recommendations about the health and social care aspects of Education, Health and Care (EHC) plans as part of a two-year trial. The trial will apply to decisions made or EHC plans issued/amended from 3 April 2018.  

Previously, you have only been able to appeal the educational aspects of EHC plans. The trial gives you new rights to request recommendations about the health and social care needs and provision specified in EHC plans, in addition to the educational aspects, when making a SEND appeal. This gives you the opportunity to raise all your concerns about an EHC plan in one place.

It is only possible for the Tribunal to consider the health and/or social care aspects of the EHC plan where you are already making an appeal in relation to the education aspects of the EHC plan and the education aspect must remain live throughout the appeal.

You can ask the Tribunal to make non-binding recommendations on health and/or social care aspects of EHC plans as part of an appeal relating to:

• a decision by the local authority not to issue an EHC plan
• a decision by the local authority not to carry out a reassessment for a child/young person who has an EHC plan
• a decision by the local authority not to amend an EHC plan following a review or reassessment
• a decision by the local authority to cease to maintain an EHC plan
• the description of the child/young person’s special educational needs in an EHC plan
• the special educational provision specified in an EHC plan
• the school or other educational institution named in an EHC plan

If you wish to appeal against a local authority decision on any of the grounds above and want to request that the Tribunal considers your concerns about the health and /or social care aspects of the EHC plan, you should follow the normal process for bringing an appeal to the Tribunal and tick the box on the form relating to a health and/or social care appeal. Advice on making SEND appeals to the Tribunal is available from the GOV.UK website:

https://www.gov.uk/courts-tribunals/first-tier-tribunal-special-educational-needs-and-disability

There will be an independent evaluation of the trial to inform a decision on whether the new tribunal recommendation powers should be continued after the trial. It is important that the evaluation is based on robust evidence, and the evaluators are therefore strongly encouraging participation from parents and young people through telephone or online interviews. Parents and young people that take part in the trial will receive a letter from the Tribunal explaining more about the evaluation and how their personal data will be stored confidentially and how it will be protected.