As a parent or carer of a child with special educational needs or disabilities (SEND), it's important to know that there are laws in place to protect your child’s rights and make sure they get the right support.

Sometimes, families may not agree with decisions made about their child’s education or support. If that happens, you have a right to ask questions, challenge decisions, and get support through mediation or a SEND Tribunal. 

SEND law makes sure that:

• Your child’s needs are properly identified and supported.
• You can ask for an Education, Health and Care Needs Assessment (EHCNA).
• You can be involved in decisions about your child’s support.
• Your child is treated fairly in education settings.
• You can challenge decisions that you don’t agree with.

These rights are protected under the Children and Families Act 2014 and the SEND Code of Practice. 

Mediation is a free, informal way to try and solve a disagreement with the local authority (Croydon Council) before going to a Tribunal. It gives you and the local authority a chance to talk things through with the help of an independent person called a mediator.

This might be used if you disagree with:

• A decision not to carry out an EHC needs assessment
  
• A decision not to issue an EHCP
  
• The contents of your child’s EHCP
  
• A decision to stop (cease) an EHCP
  

You don’t have to go through mediation, but you do need a mediation certificate before making an appeal to the Tribunal (unless your appeal is only about school placement). 

The SEND Tribunal is a more formal legal process where an independent panel looks at the facts and makes a decision.

You can appeal to the Tribunal about:

• Refusals to assess your child
  
• Refusals to issue or amend an EHCP
  
• What’s written in the EHCP
  
• Decisions to stop providing the EHCP
  

The Tribunal is free to access and you can take someone with you, like a supporter or advocate. 

If you're unsure about SEND law or how to start the mediation or appeal process, Croydon has support services to help you, including:

• Croydon SENDIASS - A free, confidential service offering advice on SEND law, mediation, and tribunals.
• Your child’s SENCo or caseworker - Can help explain decisions and next steps.
• Independent mediation services (Global Mediation) - The local authority must offer this, and details will be shared with you in writing when a decision is made.

GOV.UK: Appeal an Education, Health and Care Plan (EHCP) Decision

Global Mediation Leaflet

Mediation and Disagreement Resolution for SEND