If a parent/carer or young person disagrees with anything to do with the Education, Health and Care plan the first thing to do is talk to the SEN Coordinator or Inclusion Manager at their setting or their SEN Assessment Coordinator.

The complaints and disagreement page on FIndability has more information on making a complaint or raising a concern.

 

Disagreement Resolution

Disagreement resolution meetings provide a quick and non-adversarial way of resolving disagreements.  Global Mediation provide disagreement resolution for disagreements (see below).

 

Mediation

Mediation involves a free, trained and independent mediator tries to help parent/carers or young person and Bristol City Council to reach an agreement. In Bristol, Global Mediation provides mediation for disagreements over Education, Health and Care needs assessments and plans.

 

Information on how to contact Global Mediation will be given in full within the letters sent from your SEN Assessment Coordinator

 

Parents/carers/young people do not have to go through mediation if they do not want to. However a certificate from global mediation saying that they have been considered but not undertaken mediation is required to make an appeal  to Tribunal.  The exception is if you wish to only appeal Part I (Placement) on the final EHCP.  In this case a mediation certificate is not required.  Disagreement resolution can be used before making an appeal to tribunal if a family wishes to and the Local Authority will attend.

 

If after mediation parent/carers/young people still disagree with the Education, Health and Care assessment or plan they have the right to go to Tribunal.

 

Tribunal

If parents/carers/young people and Bristol City Council cannot reach an agreement over the Education, Health and Care plan, parents/carers and/or young people may appeal to the Special Educational Needs and Disability Tribunal.

 

Find out about the Special Educational Needs and Disability Tribunal.

Information on how to contact the Tribunal Service will be given in full within the letters sent from the SEN Assessment Coordinator.

The deadline for making appeals is two months from the date of the Local Authority's decision letter, giving their final decision.  If the appeal requires a mediation certificate to be sent to the tribunal before the appeal can be registered, then the date for making the appeal will be one month from the date of the mediation certificate if it is later than the two month deadline.

 

Previous page:  Cross border arrangements

Next page: Converting to an Education, Health and Care Plan

 

If you are a young person, parent or carer and you think you might need some further information, advice or support contact Supportive Parents, Bristol's SEND Information, Advice and Support service.  For information and support through the EHCP process contact KIDS, Bristol's Independent Support Service.

 

This page has information for residents in the City of Bristol.  Find out about what other Local Authorities do.

Last Update 1 December 2016 by Findability Team.