Resolving disagreements relating to SEN
If there is something that you don’t agree with please tell us straight away. In most cases meetings or discussions with the school, setting, or with your SEN Caseworker, will resolve any concerns that you have.
If a discussion or meeting does not resolve your issue you may want to use the complaints process. Every education setting should have a complaints process in place. Please contact the setting for details.
Barnet Local Authorities corporate complaints process can be found by clicking on the link below.
If you wish to make an appeal to the SENDIST tribunal about decisions made during the Education, Health and Care statutory process you must have a discussion with the mediation service first. You will be informed when you have a right of appeal by the Local Authority in decision letters.
The mediation service is not part of the London Borough of Barnet and it is free. Mediation is provided by Kids London SEN Mediation Service. You can contact them on 0207 359 3635.
The mediation advisor will help you to decide whether we can sort things out by talking with each other, with the mediation advisor to help. The mediation advisor will give you a mediation certificate and then you can make an appeal to the Tribunal if you still want to do this. From the date of that letter which tells you about your right of appeal, you have two months to register your appeal with the First Tier (Education and Disability) Tribunal. This can be done by obtaining a Notice of Appeal form from the Tribunal directly. Your appeal must arrive at the HM Courts and Tribunal Service no later than the first working day, two months after the date of the letter we will send you at the end of the Transfer Review process. HM Courts and Tribunal Service contact details are 1st Floor, Darlington Magistrate’s Court, Parkgate, Darlington, DL1 1RU or email@example.com.
Health and Social Care
The Government are extending the powers of the First-tier Tribunal (SEND), sometimes referred to as the ‘SEND Tribunal’, to make non-binding recommendations about the health and social care aspects of Education, Health and Care (EHC) plans as part of a two-year trial.
To date, parents have only been able to appeal the educational aspects of EHC plans. The trial gives parents new rights to request recommendations about the health and social care needs and provision specified in EHC plans, in addition to the educational aspects, when making a SEND appeal. This gives the opportunity to raise all their concerns about an EHC plan in one place.
It is only possible for the Tribunal to consider the health and/or social care aspects of the EHC plan where parents are already making an appeal in relation to the education aspects of the EHC plan and the education aspect must remain live throughout the appeal.
Parents can ask the Tribunal to make non-binding recommendations on health and/or social care aspects of EHC plans as part of an appeal relating to:
- a decision by the local authority not to issue an EHC plan
- a decision by the local authority not to carry out a re-assessment for a child/young person who has an EHC plan
- a decision by the local authority not to amend an EHC plan following a review or re-assessment
- a decision by the local authority to cease to maintain an EHC plan
- the description of the child/young person’s special educational needs in an EHC plan
- the special educational provision specified in an EHC plan
- the school or other educational institution named in an EHC plan
If a parent wishes to appeal against a local authority decision on any of the grounds above and wants to request that the Tribunal considers their concerns about the health and /or social care aspects of the EHC plan, they should follow the normal process for bringing an appeal to the Tribunal and tick the box on the form relating to a health and/or social care appeal. Advice on making SEND appeals to the Tribunal is available from the GOV.UK website.
There will be an independent evaluation of the trial to inform a decision on whether the new tribunal recommendation powers should be continued after the trial. It is important that the evaluation is based on robust evidence, and the evaluators are therefore strongly encouraging participation from parents and young people through telephone or online interviews. Parents and young people that take part in the trial will receive a letter from the Tribunal explaining more about the evaluation and how their personal data will be stored confidentially and how it will be protected.