Support in education

Resolving Concerns, Mediation and Appeals

If you disagree with a decision about an EHCP

Talking to the Local Authority

Stoke-on-Trent City Council aims to work positively with parents,carersand young people. If you are unhappy about any part of the assessment or EHCP process, youshould speak to your SEND Caseworker orcontact the SENMAS team:

Most issues are sorted out informally. If that is not possible, there are several formal options you can use.

How to make a complaint,commentor compliment

If you feel something has gone wrong oryou areunhappy with the service you have received, you can contact theSEND Compliance Officer, who can often resolve concerns quickly. They will not treat your contact as a formal complaint unless you request this.

You can also choose to make a formal complaint,commentor compliment through the Council’s usual process:Make a complaint or leave a compliment about a council service | Make a complaint or leave a compliment about a council service | Stoke-on-Trent

Independent advice and support (SENDIASS)

Stoke SENDIASS offers free, impartial and confidential advice.

Mediation

Before appealing to the SEND Tribunal, parents or young people must contact an independent mediation adviser withintwo monthsto receive information about mediation.

This applies when the Local Authority:

  • Does not carry out an assessment
  • Does not issue an EHCP
  • Issues an EHCP you disagree with
  • Decides to cease the plan
  • Decides not to amend the plan after review

If you choose mediation, it must be arranged within 30 days. A mediation certificate will be issued within three working days after mediation takes place, or after you receive mediation information if you choose not to mediate. The certificate allows you to appeal if you wish.

You donotneed mediation if your appeal is only about the school or college named in Section I.

Mediation providers

SEND First tier Tribunal

Once you have your mediation certificate, you can appeal to the SEND Firsttier Tribunal.

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

You must appeal:

  • Within one month of receiving the mediation certificate, or
  • Within two months of the Local Authority’s decision
    (whichever gives you more time)

The Tribunalmainly decideson education issues but can also make recommendations about health and social care. These recommendations are not legally binding, but the council must consider them.

You can appeal about:

  • Whether an assessment should be done
  • Whether an EHCP should be issued
  • What is included (or missing) in the EHCP
  • Decisions to stop a plan
  • Support or placement named in the plan

Health or social care issues can also be included by ticking the relevant box on the appeal form.

Useful links

Organisations and services directory