Special Educational Needs (SEN)

Resolving disputes and your right to appeal

Information about Special Educational Needs

• What if you disagree with the school or early years education setting?
• What if you disagree with the LA?
• What is a disagreement resolution service?
• What is the Special Educational Needs Tribunal?
• How long do you have to appeal?
• What if the Tribunal cannot deal with your complaint?

Anchor Point:schoolsettingWhat if you disagree with the school or early years education setting?

Sometimes parents do not agree with the decisions or provisions made by the school or LA for their child's special educational needs.

The local Parent Partnership Service are often able to help.

Anchor Point:disagreelaWhat if you disagree with the LA?

If, at any stage, you are not happy with a decision we have made, talk to your Named Officer who has been dealing with your child's case. Your Named Officer will be happy to discuss your worries.

You can contact your Named Officer by:

Inclusion and Access Team
Education and Children's Services
PO Box 20
Council House
Solihull
B91 3QU

Telephone: 0121 704 6690
Email: sen@solihull.gov.uk

In person: Your Named Officer will be happy to arrange an appointment with you at the Council House.

If you are still unable to agree, you can make arrangements for independent disagreement resolution service. You can choose whether to use this service and it does not affect your right of appeal to the SEN tribunal.

Anchor Point:resolutionserviceWhat is a disagreement resolution service?

Local Authorities also have to provide an independent service to help where there is disagreement about meeting the needs of a child with special educational needs. In the West Midlands this is called Midlands SEN Mediation. Using this service does not affect the parents right of appeal to the SEN Tribunal (SENDIST). The service can be used at any time during a disagreement. Using the service does not affect your right of appeal to the SEN Tribunal.

Mediation is an increasingly popular way of sorting out disagreements. In mediation the people involved in dispute work together to reach an acceptable solution with the help of a mediator.

The mediator is an independent facilitator who has had special training. The mediator does not take sides and does not give advice or make judgements. The mediator manages discussions fairly to help people communicate and explore options.

The child's needs are always kept at the heart of the discussion.

For more information or to make a referral:

Telephone: 01952 275038
Email: offfice@midlandssenmediation.com
Website: www.midlandssenmediation.com

Anchor Point:senTribunalWhat is the Special Educational Needs Tribunal?

The Special Educational Needs Tribunal is an independent body that hears parents' appeals against LA decisions on Statutory Assessments and Statements.

You can appeal to the Special Educational Needs Tribunal if:

• The LA refuses to carry out a Statutory Assessment of your child after you have asked them to.
• The LA refuses to make a Statement for your child after an Assessment.
• You disagree with Part 2, Part 3 or Part 4 of your child's Statement, when that Statement is first produced or if it is changed later.
• Your child already has a Statement and the LA refuse to assess your child again or to change the name of the school in that Statement.
• The LA decides to stop your child's Statement.

Tribunal appeals are heard at a neutral, local Solihull venue.

The Tribunal is made up of three people. One of these will be the Chairman, who will be a lawyer. The other two will have experience of SEN.

You can go to the Tribunal on your own, or the Parent Partnership Service can help you prepare your case and go with you. You can also ask up to two people who know your child to speak for you at the Tribunal.

The Tribunal will look at the evidence and will make a final decision. In reaching this decision, the Tribunal may consider how the LA's actions compare to the guidance set out in the SEN Code of Practice. Just because a LA has not followed the SEN Code of Practice will not always mean that their decision was wrong. But the Tribunal will expect the LA to explain why they have not followed the Code's guidance when that is relevant to the decision they have made.

Anchor Point:appealHow long do you have to appeal?

It is important that the appeal procedure does not delay any special educational help your child needs. For this reason, you have to apply to the Tribunal no later than two months after the LA has issued the Final Statement. It is only possible to get the time limit extended in a very few cases.

You can find out more about the Tribunal in a special booklet. You can get the booklet from the Inclusion and Access Team or from the SEN Tribunal at:

50 Victoria Street
London
SW1H ONW

Telephone: 01325 392555

Anchor Point:cannotWhat if the Tribunal cannot deal with your complaint?

You may be able to make a complaint to the Local Government Ombudsman if your complaint is about something that the Tribunal does not deal with. For example, if your complaint is about the LA's failure to:

• Keep within time limits.
• Make sure that the help your child needs is provided, as set out in the Statement.

You can find out more about the Local Government Ombudsman in a special booklet. You can get the booklet from the LA, or from the Ombudsman at:

Commission for Local Administration in England
21 Queen Anne's Gate
London
SW1H 9BU

Telephone: 020 7915 3210