Challenging or Disagreeing with Decisions
There may be times when you don't agree with some decisions made by professionals, your child's school, health services or the Local Authority and you can challenge this.
You should first raise them directly with the people you disagree with and see if you and they can find a solution. If you can't reach an agreement, they must tell you about the procedures for making a complaint. You can also approach the information, advice and support services in Redcar & Cleveland and they will be able to help you.
The Local Authority has made arrangements for independent disagreement resolution and mediation services to be available which might be able to provide you with a quick and informal way of solving disagreements. Information on these services are in the Local Offer.
Disagreement resolution service
This is available for all parents/carers of children and young people with SEND and they can help you in three areas:
- if you disagree with how your child's early years setting, school or college are carrying out their education, health and care duties and applies to a child with any kind of SEN, not just those with an EHC plan;
- if you disagree with your child's early years setting, school or college about the SEN provision they are making for your child and applies to any kind of SEN, not just if they are undergoing an EHC needs assessment or have an EHC plan;
- if you disagree with the Local Authority or Clinical Commissioning Group (CCG) about the health or social care provision during your child's EHC needs assessment, or about their EHC plan and any review or reassessment of the EHC plan.
- you can also contact SEND Information, Advice and Support Service (SENDIASS) for further information.
This is a voluntary service available to you and your child which you can use if you cannot reach an agreement with the Local Authority or CCG in matters relating to EHC plans.
It only covers disagreements where the Local Authority decides:
- not to carry out an EHC needs assessment or reassessment of your child;
- not to draw up an EHC plan for your child once they have completed a needs assessment;
- not to amend your child's EHC plan after the annual review or reassessment;
- to cease to maintain your child's EHC.
If the Local Authority has drawn up and EHC plan for your child, and you disagree with:
- parts of the plan which describe your child's SEN
- the SEN provision set out in the plan
- then it must make mediation available to you.
If you are thinking about appealing to the SEND Tribunal, you will need to contact an independent mediation adviser and the Local Authority must provide you with contact details.