Appeals and tribunals

When the local authority makes a statutory decision, we send you a letter that explains your right to appeal to the SEND tribunal. We also explain how to do this. If you do decide to appeal, you can still talk to the SEND team and discuss your concerns.

A parent or carer can make an appeal if their child is under the age of 16. A young person can appeal directly if they’re aged between 16 and 25. If the young person is over 16 but doesn't have the capacity to appeal, the parent or carer can appeal on their behalf.

The following decisions can be appealed:

• refusal to carry out an EHC needs assessment or reassessment
• refusal to issue an EHC plan following an assessment
• wording of the EHC plan that describes the child or young person’s needs or the provision identified
• the education setting named in Section I (placement)
• where the EHC plan does not adequately describe your child's health needs and provision (sections C and G)
• where the EHC plan does not adequately describe your child's social care needs and provision (sections D, H1 and H2)
• decided not to change (amend) the EHC plan following an annual review
• to cease to maintain the EHC plan

How to make an appeal

When the local authority makes a statutory decision, you will receive a letter about the outcome of this decision. We will also explain that you have a right to request mediation. If you are unhappy with our decision, we can enter into mediation to resolve this.

The mediation process

An independent mediator will be appointed. This is someone who does not work for North Somerset Council. They will help parties communicate so that they can reach an agreement. In this case it will relate to a child or a young person who is involved in the statutory assessment or annual review process. 

These services are free for parents and carers, and for young people over the age of 16.

If you want to register an Appeal with the Tribunal, you must first receive mediation advice. You can then decide

• whether to lodge an appeal with the Tribunal or;
• try to resolve the disagreement through mediation. 

If you do not want to use mediation, the Mediation Adviser will issue you a certificate so that you can register your Appeal.

What you can appeal

You can use mediation to appeal to the First Tier Tribunal about a decision the local authority has made. A decision by the local authority might be:  

• not carrying out an EHC needs assessment or reassessment
• not drawing up an EHC plan following an EHC needs assessment 
• the content or wording of an EHC plan
• not amending an EHC plan following the annual review 
• no longer maintaining (ceasing) an EHC plan

More information about mediation

More information about mediation can be found in the SEND Code of Practice 2014 guidance document.

Once you've contacted a mediation adviser or taken part in mediation, if you're still unhappy and wish to appeal to the tribunal, the mediator will issue a certificate within three working days of you informing them of your decision. You would send this to the tribunal service with your appeal. 

More information

If you want support about making an appeal, you can contact SEND and You. 

Forms, guidance leaflets and further information about the tribunal service on GOV.UK.

IPSEA explains more about the SEND tribunal and how to register an appeal about an EHC needs assessment or EHC plan.