Resolving disagreements

Find out what to do if you're unhappy with a decision about your child's EHCP or you need help solving disagreements.

If you're unhappy

We want to work with you to provide the best service possible. If you are unhappy with anything relating to your child's application, assessment or plan, please contact us directly.

Disagreement resolution

If something goes wrong with your child's school or college, we're here to help resolve any issues as quickly as possible. We call this disagreement resolution.

We'll hold meetings where everyone involved can agree on duties, special educational needs (SEN) provision, health provision and social care provision.

Making a complaint

We have a formal complaint procedure. You can make a complaint even if you are using the disagreement resolution service.

The NHS Trusts, schools and colleges all have their own formal complaints procedures.

You will need to find your child’s school or college website to check their complaints procedure.

Monitoring special educational provision

If you are concerned about the quality of the special education provision your child is receiving, you should discuss this with the school or educational setting directly. If your concerns are not resolved, you can ask SENSAP for further advice and support. In extreme circumstances the local authority may ask a SEN Monitoring and Quality Assurance Officer to become involved.

Formal mediation

In Leeds, mediation is provided by Community Accord. It is a free, less formal way of trying to reach an agreement with us.

If you disagree with any of the following decisions we make, you will need to contact us within two months. This includes us deciding:

• not to carry out an education, health and care (EHC) needs assessment
• not to draw up an education, health and care needs plan (EHCP)
• to issue a final or amended final EHCP
• not to maintain an EHCP
  

Within 30 days of you getting in touch with Community Accord, they will arrange for mediation with an independent mediation advisor. When you have completed mediation, you will receive a certificate as proof. 

If you do not want mediation, you can request a certificate from the mediation advisor to state that you did not want to do it and you would like to make an appeal to the first tier SEND tribunal. 

You have one month from receiving the certificate or two months from the decision (whichever is later) to lodge your appeal.

Make an appeal

Once you have a certificate of mediation you can appeal any decisions made about your child's education to the first tier SEND tribunal.

If the only point of disagreement is the education place named in the plan, you do not need a certificate and you can make an appeal without one.

For more information on how to make an appeal, call 0132 528 9350. 

You can also get free advice and support from Leeds SENDIASSExternal link.