If you disagree with an EHCP decision

This page explains what to do if you do not agree with our decision about an education, health and care (EHC) needs assessment or EHC plan (EHCP). 

If you are unhappy with the special educational needs and disability (SEND) support your child gets, or a service you have received, find out how to complain about a SEND issue.

Share your concerns

If you do not agree with our decision, the first step is to speak to your child or young person’s SEND Casework Practitioner to discuss your concerns.

Get advice from SENDIASS

You can also contact the Special Educational Needs and Disability Information, Advice and Support Service (SENDIASS). 

SENDIASS offers impartial advice and support to parents and carers of children with special educational needs and disabilities (SEND), and young people with SEND. They can:

• help resolve disagreements
• support you in meetings with professionals
• explain how mediation works
• explain your right of appeal through the tribunal system

SENDIASS offers drop-in sessions every two weeks. They are free and confidential. You do not need an appointment.

Find out when the next drop-in sessions are on the SENDIASS website.

Get in touch with SENDIASS

Phone: 0118 908 8233

Email: sendiass@wokingham.gov.uk

Mediation service

Mediation is when an impartial professional (the mediator) helps everyone work out an agreement. It is free and can resolve disagreements without having to appeal.

At the end you'll be given a mediation certificate, which you’ll need if you still want to appeal.

You can ask for mediation if we decide:

• not to carry out an EHC needs assessment or reassessment
• not to issue an EHCP after making an assessment or reassessment
• not to change the sections of an EHCP which are about education (sections B, F and I) following an annual review
• to stop (cease) an EHCP

In most cases you must consider mediation before you appeal. However, you do not have to consider mediation if your appeal is only about which school or other institution your child or young person should attend (section I).

How to arrange mediation

We use Global Mediation to provide mediation services. The letters we send about EHCP decisions tell you how to contact them. 

Find out more on the Global Mediation website.

We have introduced Complex Case Practitioners into the structure of the SEND Team to attend mediations. This means that if you ask for mediation, you should have this arranged in 30 days more frequently than we had been able to achieve previously.

We want to move to this way of working now, so we have appointed two interim Complex Case Practitioners.

We have also appointed two permanent Complex Case Practitioners who will join the SEND Team in January.

Find out more about the SEND Team structure and roles. 

If you do not want mediation

You still need to contact Global Mediation to get a mediation certificate so that you can appeal.

Appeal to the SEND Tribunal

If you have considered mediation, and you're still not happy, you have the right to appeal.

Find out how to appeal on GOV.UK.

We have introduced a Tribunal Officer, dedicated to appeals. We hope this will help us:

• work more closely with you to narrow the issues that form the appeal
• reach resolutions more quickly for you and if possible, without a hearing

We are currently recruiting an interim Tribunal Officer, while we shortlist and interview for the permanent role. 

Get more information and advice

You can get independent help and advice from the following organisations.

Independent Parental Special Education Advice (IPSEA) is a charity that provides free and independent legal advice and support to families of children and young people with SEND.

Coram Child Law Advice provides legal advice and information on family, child and education law.