In the first instance it would be good to speak to your Special Educational Needs Coordinator at the early years setting, school or education provider to discuss the decision further.
You can also contact an Education, Health and Care Plan Coordinator based within the SEN Team for the Local Authority.
Contact: (01482) 392163
The Local Authority has two services which deal with disagreements in relation to Education, Health and Care assessments and plans. Depending on the type of disagreement determines which service you would use. Both services are independent of the Local Authority, free to access and delivered by Barnardos until 31 December 2017. From 1 January 2018 KIDS will deliver the SEND Mediation and Disagreement Resolution Service.
1. Disagreement Resolution Service - will offer disagreements resolution to parent/carers and young people to help resolve disagreements about any aspect of Education, Health and Care provision.
2. Mediation Service - This service is used for any decision that could lead to an appeal to the Special Educational Needs and Disability (SEND) Tribunal as follows:
• Refusal to assess
• Refusal to issue a EHC Plan
• Cease to maintain a EHC Plan or Statement
• Disagreement about the description of need, provision to meet those needs and/or placement in an EHC Plan or Statement.
You must consider mediation before appealing in every case apart from an appeal about placement only.
Further information and advice can be found on the KIDS Mediation directory page on the East Riding Local Offer.
Contacting Barnardos until 31 December 2017:
Barnardos DSI Service
Village Farm Business Centre
Holme on the Wolds
Telephone: (01430) 810139 or (0800) 012 1129
Contact KIDS from 1 January 2018:
Call: 03330 062 835 (This is a local rate number)
View KIDS service leaflet:
KIDS SEND Mediation Service Leaflet (pdf 409kb, opens in new window)
SEN and Disability Tribunal Service:
For more information on SEN and Disability Tribunal Service and appeals please visit:
Appeal an Education, Health and Care (EHC) Plan Decision page - Gov.uk website (external website)
Contact number: (01325) 289350
Advice and support:
To find out where you can get support and advice if you are not happy with any aspect of your child or young person special educational provision please view the 'Where do I go for support ?' section below.
Single Route of Redress – National Trial - starting 3 April 2018
What is the National Trial?
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.
To date, 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.
What does this mean for parents and young people?
If you are unhappy with a decision not to issue an EHC plan, or with the special educational content or placement in the plan, you can make an appeal to the SEND Tribunal. This trial now gives you the opportunity to also request recommendations about the health and social care content of the plan at the same time. This will mean the Tribunal will take a more holistic, person-centred view of the needs of the child or young person.
This does not prevent you also complaining about other aspects of your disagreement through other complaint procedures. You should seek advice about the different routes available, including from your local SEND Information Advice and Support Service ( SENDIASS) on (01482) 396469.
If the SEND Tribunal makes a recommendation about health or social care elements of an EHC plan, this is non-binding. The local authority and/or health commissioner is generally expected to follow such recommendations, but they are not legally binding. Where they are not followed, the reasons for not following them must be explained and set-out in writing to you and to the Department for Education through the evaluators. If they are not followed, you can complain to:
The Local Government and Social Care Ombudsman (LGSCO) - ( external website)
Parliamentary and Health Service Ombudsman (PHSO) - ( external website)
or seek to have the decision judicially reviewed. Further information on the roles of these bodies can be found on their websites.
When can a parent or young person request recommendations about the health and social care elements of an EHC plan?
You can request the Tribunal makes recommendations about the health and/or social care aspects of EHC plans as part of an appeal relating to:
• the description of the child/young person’s special educational needs in an EHC
• the special educational provision specified in an EHC plan
• the school or other educational institution named in an EHC plan
• a decision by the local authority not to issue an EHC plan
• a decision by the local authority not to carry out a re-assessment 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
• a decision by the local authority to cease to maintain an EHC plan
What does this mean for local areas?
The Trial places responsibility on local authority SEN teams to:
1. Inform parents and young people of their new rights through decision letters and the local offer
2. Provide evidence to the Tribunal from the health and social care bodies in response to any issues raised within the timeframe set by the Tribunal, seeking permission to bring additional witnesses to the hearing as necessary
3. If a recommendation has been made, send the health and social care response letters to the evaluators at SENDletters@IFFResearch.com
It also places responsibility on health and social care commissioners to:
1. Respond to any request for information and evidence within the timeframe set by the Tribunal
2. Send a witness to attend the hearing as required
3. Respond to the parent/young person and the LA SEN team within 5 weeks of a recommendation being made, setting out the steps they have decided to take or giving reasons why they are not going to follow the recommendation.
How can a parent or young person request a health or social care recommendation?
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 and the appeal form is available at:
First Tier Tribunal - appeal a Educaiton, Health and Care Plan decision - GOV.UK website ( external website)
and further guidance can be found at:
The trial toolkit of support - SEND pathfinder website ( external website )
Taking part in the evaluation
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. The evaluation will run alongside the trial, from January 2018 to March 2021.
It is important that the evaluation is based on robust evidence, and the evaluators are therefore strongly encouraging participation from parents and young people. This could include taking part in a telephone or online interview just after the appeal hearing (or when the appeal process has been completed, if earlier), and then a follow-up interview 6 months later. These interviews will help the evaluators to gather the views of parents and young people on the appeal process, as well as identify how recommendations have been implemented and what the (early) impact has been.
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.
As a parent or young person, do I have to consider mediation as part of the trial?
Before you can register an appeal with the Tribunal, you must contact a mediation adviser within two months of the LA decision you wish to appeal and consider whether mediation might be a way to resolve your disagreement with the LA. If you want to appeal only about the school or other institution named in the EHC plan you do not have to contact a mediation adviser.
You can go to mediation about the health and social care elements of an EHC plan, but this is not compulsory. You can request recommendations about health and social care issues without having to receive mediation advice or attend mediation about those issues, provided there is also an education issue about which you are appealing.
Once a mediation adviser has been contacted, or once you have taken part in mediation, you will be issued with a certificate. This will be necessary if you are still unhappy and wish to progress to an appeal with the Tribunal. An appeal to the Tribunal must usually be made within two months of the decision about which the appeal is being made or one month following the issuing of the mediation certificate, whichever is the later.
If mediation resolves the educational issues, you will not be able to appeal to the Tribunal on any health and/or social care aspects of the EHC plan. However, mediation provides an opportunity for us to resolve disagreements and it can be completed more quickly than an appeal. It does not affect your right to make an educational appeal, and some aspects of the disagreement can go to appeal even when other aspects are resolved.
Help and further information
• A guidance document on the national trial is published as part of a toolkit of support at The trial toolkit of support - SEND pathfinder website ( external website )
• SENDIASS on (01482) 396469 or email SENDIASS@eastriding.gov.uk
The evaluation of the trial is led by IFF Research working with Belmana. For any questions or to get involved please get in touch with them at
freephone: 0800 035 6051