Dispute resolution and appeals - mediation, tribunals and single route of redress

If you disagree with a decision your local authority has made about a child or young person’s education, health and care (EHC) needs or plan, you can make an appeal to have that decision changed.

There are no fees for making an appeal or a claim, and you may be eligible for legal aid  to provide legal help in preparing your case. 

You can appeal if you do not agree with the Education, Health and Care Plan (EHCP) your local authority has made, or if they: 

  • refuse to carry out an EHC assessment or reassessment,
  • refuse to create an EHCP after carrying out an assessment or reassessment,
  • refuse to change the sections of an existing EHCP which are about education (sections B, F and I),
  • decide you or your child does not need an EHCP anymore.

For more information, please visit: Appeal an EHCP Decision: Who can appeal - GOV.UK 

Type of appeal

In most situations, there are 3 potential ways to appeal: 

  • Way Forward Meeting
  • Mediation
  • First-Tier Tribunal (Special Educational Needs and Disability) 

Way forward meeting

A Way Forward Meeting is the most informal of all the available routes, and usually the quickest. 

You can request to meet with a Cumberland Council Special Educational Needs and/or Disabilities (SEND) Manager and discuss some of the disagreements you may have.

Way Forward Meetings are an opportunity for families and Council officers to listen to each other and figure out a “Way Forward” as early as possible. 

These meetings are not a part of the national appeals framework, but part of Cumberland Councils commitment to listen and resolve concerns quickly.

The SEND Team will always try and see if an agreement can be reached without the need for more formal options. 

You do not need to have a Way Forward meeting to access Mediation or the First-Tier Tribunal.

Mediation

Mediation is when an impartial professional (the mediator) helps both sides work out an agreement. It’s confidential, more informal than a Tribunal, and usually quicker. It is a comfortable, non-confrontational and non-judgemental meeting that gives you the opportunity to talk about EHC decisions if you do not agree with them. 

It is an opportunity to come to an agreement outside of the more formal legal route. 

Actions can be agreed on the day of Mediation, and if you cannot agree a way forward at the Mediation, you can still appeal to (SEND) First-tier Tribunal up to one month after the Mediation ends, or 2 months after the original decision, whichever is the latter. 

In most cases, you must consider mediation before you appeal to the tribunal. 

You do not have to consider mediation if your appeal is only about which school or other setting you or your child should attend (Section I of the EHCP). 

Tribunal

The First-Tier Tribunal is a formal legal process which can make decisions based on the law and current case law. A Tribunal is more relaxed than a court process, but it is still a formal route that requires specific evidence and timelines to be met. 

You do not need legal representation, but you may find it helpful to use an independent advice service who can support you with making an appeal. 

The Tribunal has the power to order Cumberland Council to carry out its decisions.  

If it is asked to do so, the SEND Tribunal can also make non-binding recommendations about health and social care this is also called the “Single Route of Redress”. The Single Route of Redress is the same process as the SEND Tribunal but will consider all the appeals at the same time. You can only appeal in the health and/or social care sections if you are appealing Section B, F or I at the same time.