When we reach a decision about your child or young person’s education, health and care (EHC) needs assessment or EHC plan, we will send you a letter containing the following information on your rights of appeal:

• Your right to appeal that decision
• The time limits for doing so
• Information about mediation services — including how to contact the service
• The availability of disagreement resolution services
• Information and advice about matters relating to the special educational needs of children and young people. 

We aim to resolve any disputes at the earliest opportunity, if you are unhappy about a decision, please contact the SEND team or your EHC caseworker.

What is mediation?

Mediation is a voluntary process for parents/carers, which we can use if we are unable to reach an agreement with you about your child or young person’s EHC needs assessment or plan.

Mediation can take place after the following decisions have been made:

• Not to carry out an EHC needs assessment
• Not to issue an EHC Plan after the needs assessment
• Not to amend sections of EHC Plan
• Not to name your preferred school for child/young person
• To cease to maintain an EHC Plan.

Mediation must be considered before you submit an appeal to the First-tier Tribunal. You do not have to attend the mediation meeting with the Council. If you do not wish to take part in mediation you should explain the reasons to the mediations supervisor who will give you a mediation certificate. You will need this certificate to appeal to the Tribunal. 

Mediation is completely free, and there is no charge to a parent or young person who wishes to use the service. 

Appeals to the First-tier Tribunal

Appeals against the Council’s decisions regarding special educational needs can be made to the government’s First Tier Tribunal, including when we have refused to:

• Assess your child’s needs
• Reassess their needs
• Issue an EHC plan
• Not to name your preferred school for child/young person
• Maintain the EHC Plan.

They also manage appeals against discrimination by schools or the Council due to a child’s disability.

In April 2018 the SEND Tribunal has been able to look at health and social care needs in all appeals where there was a valid reason. This has started as a trial, but has been made permanent, and the SEND Tribunal continue to have the power to make recommendations about health and social care issues.

Any appeals to the First-tier Tribunal,must be sent within two months of the date of the decision you are appealing or the final EHC plan, or one month from the date you obtain a mediation certificate, whichever is the latest.

If you have missed the deadline, you can ask the SEND tribunal to accept your appeal late.

For more advice and information, visit:

• Wigan SENDIASS (external link)
• IPSEA (external link)
• The First Tier Tribunal for SEND (external link).