Sometimes, parents or carers may not agree with decisions made by the local authority (LA) about their child’s Education, Health and Care Plan (EHCP) or special educational needs (SEN) support.

If this happens, you have the right to ask questions, share your concerns, and seek a solution. There are two main ways to do this. 

Mediation is a free and voluntary meeting that helps families, and the LA try to resolve disagreements in a calm and informal way. It is led by an independent mediator - someone who does not work for the LA and is trained in SEND law.

You can use mediation to talk about things like:

• The LA’s decision not to assess your child for an EHCP.
• If the LA decides not to issue an EHCP.
• What’s written in the EHCP (Sections B, F, and I).
• A decision to stop (cease to maintain) an EHCP.
• Issues with health or social care parts of the EHCP.

You don’t have to attend mediation, but if you want to appeal to the SEND Tribunal, you usually need to at least consider mediation first. The mediator will give you a certificate to show this.

A short plan (called an Action Plan) will be written after the meeting to record any decisions made. 

If the disagreement cannot be sorted out through mediation, or if you choose not to use mediation, you can appeal to the SEND Tribunal. This is a more formal legal process where an independent panel looks at the evidence and decides what should happen.

You can appeal to the tribunal about:

• Refusals to assess or issue an EHCP
• The content of the EHCP
• Decisions to stop the EHCP
• Issues with education, and sometimes health or social care

You can bring someone with you to support you, such as:

• A family member or friend
  
• Your child’s school or college representative
  
• An advocate (someone who can speak on your behalf)
  

The LA will also attend and must send someone who has the authority to make decisions. 

If you're not sure what to do or need advice, Croydon SENDIASS can help you understand your rights and guide you through the process.

You can also read more about Mediation and Tribunals in:

• The Children and Families Act 2014 (Sections 52-57)
  
• The SEND Code of Practice (Chapter 11)
  
• The Special Educational Needs and Disability Regulations 2014 (Regulations 32-42)
  

Let us know if you need support understanding any part of the process - we’re here to help.

For more information, please email SENenquiries@croydon.gov.uk.

Global Mediation Leaflet