If your local authority refuses to provide or amend your child’s Education, Health, and Care Plan (EHCP), you have the right to appeal. The Special Educational Needs and Disability (SEND) Tribunal is the body that handles these appeals. In this blog, we’ll explain how to appeal a local authority decision and what to expect during the tribunal process.
What is the SEND Tribunal?
The SEND Tribunal is an independent body that hears appeals concerning special educational needs. If your child’s local authority refuses to issue an EHCP or denies requested changes to an existing plan, you can appeal their decision to the SEND Tribunal.
Step 1: The Appeal Process
The first step is to submit an appeal to the SEND Tribunal. This must be done within two months of receiving the local authority’s decision. The tribunal will review your case and determine whether the LA’s decision was legally correct.
Step 2: Preparing Your Case
It’s essential to gather all relevant evidence to support your case. This may include educational assessments, medical reports, and letters from professionals who have worked with your child. A well-prepared case increases the chances of success.
Step 3: The Hearing
At the hearing, both you and the local authority will have the opportunity to present your case. The tribunal panel will consist of a judge, an educational expert, and a health or social care expert. They will ask questions and review the evidence.
Step 4: The Tribunal’s Decision
After considering the evidence, the tribunal will make a decision. If they rule in your favor, the local authority may be ordered to issue or amend the EHCP as requested. If they rule against you, you can seek further legal advice to explore your options.
Step 5: After the Tribunal
If the tribunal’s decision is in your favor, the local authority will be required to implement the changes to the EHCP. If the decision is not favorable, you may have the option to seek judicial review.
Conclusion
The SEND Tribunal process can be complex, but with the right preparation and support, you can ensure your child receives the support they need. If you need assistance with the tribunal process, feel free to contact me for expert advice and guidance.
