Appeals and Tribunals

What happens if I disagree with the Local Education Authority?

If your child is to be given the best help to meet their needs it is important that you, the school and the local education authority work together.

Your child's needs must come first. It is in your child's best interest if everyone works together to give them the help that s/he needs.

You know your child best and your views should be listened by everyone who works with your child.

If you feel that your views have not been listened to or you a not happy about any decisions that have been made, you should first approach the school or the Named Officer in the Local Education Authority (LEA). Disagreements can usually resolved quickly.

You may want the help of an Independent Parent Supporter, an independent specially trained volunteer, to help you put your views to the LEA, or to explain what the LEA says.

If you cannot agree with the Local Education Authority you must be offered the opportunity to discuss the matter with the Disagreement Resolution Services. This will not affect your right to appeal to the Special Educational Needs Tribunal.

What is the Special Educational Needs Tribunal?

The Special Educational Needs Tribunal is independent of the local education authority. It considers parents' appeals against the decisions of the LEAs about a child's special educational needs, where the parent cannot agree with the LEA.

The Tribunal can:

uphold the LEA's decisions;
tell them to think again;
order it to carry out the parent's wishes within a specified time limit.

What can I appeal to the Tribunal about?

You can appeal against:

the description of your child's learning difficulties;
the help to be given for your child's needs;
the type and name of school specified by the LEA;
the statement not naming the school.

You can also make an appeal if:

the LEA refuses to carry out a formal assessment of your child's special educational needs, when you or the school have asked them to, unless an assessment has been carried out within the previous six months;
the local education authority refuses to make a statement of your child's special educational needs after making a statutory assessment;
you disagree with part 2, part 3, or part 4 of your child's statement, when a statement is first made or if it is changed later.
your child already has a statement and the LEA refuses to assess your child again or to change the school named in that statement if a request to do so has not been made for 12 months. Remember you can only ask for a local authority maintained school (one funded by the LEA) and your child's statement must be at least one year old;
the LEA refuses to reassess your child's special educational needs if the LEA has not made a statement in the last six months;
the LEA decides not to maintain your child's statement;
the LEA decides not to change the statement after reassessing your child.

Are there any issues the Tribunal cannot deal with?

If the LEA refused to name an independent or non-maintained school when you asked for a change in the statement which was at least a year old.
The way the LEA carried out the assessment or the length of time it took (complaints of this nature can be heard by the Local Government Ombudsman).
How the local education authority is arranging to provide the help set out in the statement.
The way the school is meeting your child's needs.
About the description in part 5 and 6 of the statement of your child's non-educational needs, or how the local education authority plans to meet those needs.
If the LEA will not change the statement after a yearly review.

Will my child be involved in the Tribunal?

It is important to include the views of children and young people in making decisions about their future. They have a right to attend any Tribunal hearing. The LEA must ascertain the views of the child on the issues raised by the appeal or explain why they haven't done so.

How long do I have to make an appeal?

So that your child does not have to wait too long before s/he gets the help they need, you must appeal to the Tribunal no later than two months after the LEA made the decision you are unhappy with.

How do I appeal?

You can find out more information about the Tribunal from the Parent Partnership Service or from the LEA. There is a booklet called "Special Educational Needs Tribunal. How to Appeal".
This booklet is available from the Department for Education and Skills (0845 6022260). Further guidance can be found on website www.sentribunal.gov.uk or on the helpline 01325 392 555.

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