If you disagree with a decision

Stoke‑on‑Trent City Council wants to work positively with parents, carers and young people. We try to sort out concerns as early as possible.

If you are unhappy about anything to do with an Education, Health and Care (EHC) needs assessment or EHC plan, please contact: senmas@stoke.gov.uk / telephone 01782 231863

Many issues can be sorted out informally. If this does not help, there are formal options you can use

Disagreement Resolution

Disagreement resolution is a way to sort out problems without going to tribunal.

It is:

• Voluntary – you choose whether to use it
• Quick
• Informal and supportive

It can help resolve disagreements about:

• SEN support and provision
• Health or social care support
• How the council or health services are meeting their legal duties

The aim is to help everyone explain their views and reach an agreement together.

Mediation

To appeal to the First‑Tier SEND Tribunal, parents or young people must contact an independent mediation adviser within two months to receive information about mediation.

This applies if the local authority:

• Does not carry out an EHC needs assessment
• Does not issue an EHC plan
• Issues an EHC plan they are unhappy with
• Decides to cease an EHC plan
• Decides not to amend an EHC plan after review

If you choose to use formal mediation, it needs to be arranged within 30 days. To do this, parent carers should contact one of the mediation providers listed below directly.

After the mediation has taken place, you will be sent a mediation certificate within three working days. This certificate allows you to go ahead with an appeal, if you decide that is what you want to do next.

If you decide not to go ahead with mediation after receiving advice, you will still be issued with a mediation certificate within three working days. This means you can make an appeal if you wish.

You do not need to take part in mediation if your appeal is only about the school or college named in Section I of the EHC plan.

SEND First‑Tier Tribunal

Once you have your mediation certificate, you can appeal to the SEND First‑Tier Tribunal.

You must appeal:

• Within one month of receiving your mediation certificate, or
• Within two months of the council’s decision
  (whichever is later)

The Tribunal mainly looks at education issues.
It can also make recommendations about health and social care, but these are not legally binding.

You can appeal about:

• Whether an EHC assessment or plan should be done
• What is included (or missing) in an EHC plan
• A decision to stop an EHC plan
• SEN descriptions or provision
• The school or setting named in the plan

To include health or social care issues, tick the correct box on the appeal form.

Useful links

Appeal an education, health and care (EHC) plan decision - GOV.UK

First-tier Tribunal (Special Educational Needs and Disability) - GOV.UK

This page on the KIDS website has some useful information about Mediation, including an easy read guide for young people: For young people - Kids