Chapter 4 — Disagreements & Appeals

Mediation is a voluntary, informal meeting (often by phone or video) with an independent mediator, to try to resolve a disagreement with the LA without going to Tribunal. It's free to you.

Before appealing most EHC decisions, you must contact an independent mediation adviser to discuss whether mediation might help. You don't have to go ahead with mediation — but you do need a mediation certificate to register your appeal (except where your appeal is only about the school named, or that no school is named, in which case a certificate isn't required).

The First-tier Tribunal (SEND) is independent of the LA and hears appeals about EHC decisions, including:

• A refusal to carry out an EHC needs assessment (or re-assessment).
• A refusal to issue an EHC Plan after assessment.
• The content of a plan — Section B (needs), Section F (provision) and Section I (placement).
• A decision to cease (stop) maintaining a plan.

You usually have two months from the LA's decision letter, or one month from the date of the mediation certificate, whichever is later. The Tribunal can also make non-binding recommendations about health and social care in some cases.

1. Keep records. Save every letter and email, and put requests and concerns in writing so there's a clear trail.
2. Be specific. Say what decision you disagree with, why, and what you want instead — backed by reports and evidence.
3. Get support early. PawSteps can help you understand the deadlines and prepare your case.
4. Mind the deadlines. Appeals are time-limited — diarise the date on your decision letter.
5. Stay calm and factual. Panels and mediators respond best to clear, evidence-based points.

Different problems have different routes:

• A school's actions or provision — use the school's complaints procedure, then the governing body.
• How the LA handled things — use the LA's complaints procedure, then the Local Government & Social Care Ombudsman.
• Disability discrimination by a school — a claim can be made to the SEND Tribunal (generally within six months).
• Wider concerns — you can raise matters with Ofsted, the Department for Education, or your MP.

You don't have to do this alone. PawSteps is here to help you understand your rights, prepare for meetings, and take the right next step at the right time — whether that's a letter, a request, or getting ready for an appeal.

Reaching out early often makes the whole process calmer and clearer. Explore the rest of this guide, and get in touch with PawSteps whenever you need a hand.

The First-tier Tribunal (SEND) is an independent national court, completely separate from your local authority. It doesn't split the difference or negotiate — it reviews the evidence and decides what the law requires, effectively stepping into the LA's shoes.

It can feel intimidating, but the framework is built around your child's needs. According to published tribunal statistics, the great majority of appeals decided at a hearing go in the parent's favour — so a refusal really isn't the end of the road. If you appeal an educational section (B, F or I), you can also ask the Tribunal to make recommendations on the health (C & G) and social care (D & H) parts.

Under budget pressure, LAs sometimes give reasons that simply aren't lawful. Common ones to challenge:

• "They're not far enough behind" or "their grades are too high" — there's no such legal test.
• "The school hasn't spent £6,000 of its own budget yet" — not a lawful reason to refuse to assess.
• "We won't assess without a diagnosis" — a diagnosis isn't required (see Chapter 1).

The only legal test for an assessment is whether the child may have SEN and may need provision through a plan. If you're refused on one of these grounds, appeal — most such refusals are overturned.

Two very common problems have specific remedies:

• Section F not delivered (the TA hours or therapy aren't happening): the LA remains legally responsible for securing it, even if the school says it's short-staffed. Keep a record and escalate.
• Unlawful delay past the 6-week or 20-week deadlines: chase in writing, then use the routes below.

Your remedies include:

• A "working document": during a content appeal you can ask for a shared, tracked version of the plan that you and the LA edit back and forth — this often settles the dispute before the hearing.
• Judicial Review: a High Court route to force an LA to meet a clear legal duty (such as missed statutory deadlines or failure to deliver Section F).
• The Local Government & Social Care Ombudsman (LGSCO): for delays, poor communication or maladministration — it can't rewrite a plan, but it can order the LA to pay compensation for missed education or distress.