Disagreement Resolution, Mediation & Tribunal Appeals
Disagreement resolution service (DRS)
Disagreement resolution services are for all parents of children and young people with SEN, and young people themselves with SEN. Using the service is voluntary and covers SEN provision as well as disagreements about health and social care.
The service can help when and if you disagree with how the LA, School, college or Integrated Care Board (ICB) is carrying out the SEN provision or Education, Health and Care duties for your child/young person.
Details about the arrangements for disagreement resolution will be set out in the LA’s local offer.
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Mediation
Parent/carers and young people (16-25) have a right to try mediation whenever the LA makes a decision which you could appeal to the SEND Tribunal.Â
Mediation is a more formal way of trying to settle the dispute between you and the LA prior to having to make an appeal and is free of charge. Â
- Chapel Mediation Services is who is used for Hartlepool LA. Sue Hall (main contact) and Elaine Chandler can be contacted using the below details:
          Email: suehall113@gmail.com
- It is compulsory for the LA to attend and participate in the Mediation process. However, you only have to ‘consider’ it.Â
- You ‘consider’ Mediation by advising Chapel Mediation Services that you have considered Mediation and would like to either enter or decline that process. (If you decline Mediation, Chapel Mediation Services will issue you with a Mediation Certificate within 3 working days).ÂÂ
- We advise that before making your decision regarding Mediation, you think about the LA’s reasons for their decision, and whether you feel that you could provide additional context or evidence which may support a change to LA’s initial decision.Â
- If you choose to enter into the Mediation process, a meeting will be arranged within 30 days. If this isn’t possible, Chapel Mediation Services will advise you of this and will issue you with a Mediation Certificate within 3 working days to ensure that your deadline) for submitting an appeal is not missed.Â
- It is your decision if you would like any key professional(s) such as School SENDCo, Educational Psychologist, Family worker, etc to be in attendance, as they might be able to provide some additional key pieces of information which might be helpful.ÂÂ
- Prior to the Mediation Meeting, the mediator will discuss with you the reasons why you are entering into Mediation, the background history to what has led to this point, who should be in attendance and what should be covered within the agenda.Â
- On the day of the Mediation, the Mediator will lead the meeting (following the agreed agenda), record any agreed actions and clarify the LA’s final decision. The LA’s final decision will either be to Uphold or Overturn their original decision.Â
- Once a Mediation Certificate has been issued following either of the above, you have 1 month from the date of the certificate to submit an appeal to the First Tier SEND Tribunal.
Appeals to the SEND tribunal
Parent/carers and young people (16-25) have a right to appeal to The First-tier Special Educational Needs and Disability Tribunal, when the LA makes a decision in respect to a child’s/young person’s Special Educational Needs or Disability which they disagree with.
There are different types of appeals, each of which have different legal considerations which need to be applied.
These are:
1. Refusal to assess a child or young person’s special educational needs. (Please refer to EHC Needs Assessment (EHCNA) Process page). The appeal can be made via Special Educational Needs and Disability Tribunal – Appeal a refusal to secure an EHC Needs Assessment: Form SEND35A – GOV.UK)
 2. Refusal to issue an EHCP after an EHC needs assessment. The appeal can be made via Special Educational Needs and Disability Tribunal appeal: Form SEND35 – GOV.UK
 3. Refusal to secure a reassessment of a child or young person’s EHC needs. The appeal can be made via Special Educational Needs and Disability Tribunal appeal: Form SEND35 – GOV.UK
 4. Content of an EHC plan:
- Section B: Special Educational Needs – i.e. inadequately describes or does not specify all of a child’s/young persons needs.
- Section F: Special Educational Provision – i.e. ambiguous terminology such as ‘access to’ or ‘opportunities for’ and is not clear, concise, specific, understandable or quantifiable.Â
- Section I: Naming the school or other setting.
The appeal can be made via Special Educational Needs and Disability Tribunal appeal: Form SEND35 – GOV.UK
5. Ceasing to maintain an EHCP. The appeal can be made via Special Educational Needs and Disability Tribunal appeal: Form SEND35 – GOV.UK
Extended appeals – The SEND Tribunal’s jurisdiction has been extended to include a power to make recommendations in relation to the health and social care sections (i.e. sections C, D, G, H1 and H2) of an EHCP in addition to considering an ‘against content’ appeal listed above. In an extended appeal it is key to remember that while the educational sections (B, F and I) are legally binding, you will only receive recommendations (not a legally binding order) for health and social care. Nonetheless if the local authority/clinical commissioning group choose not to follow the recommendations made by tribunal, you may have a claim for ‘judicial review’ if the decision is not made properly.
Your appeal deadline is 2 months from the date of this letter, or 1 month from the date of a mediation certificate (Please make a note of the issue date of the LA decision letter). We recommend keeping the envelope your letter came in or email in which you received it, as it’s likely to be date and time stamped.
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