The Annual Review is an ideal time to make changes to an Education, Health and Care Plan (EHCP) or a Statement of Special Educational Needs (SEN).
If the local authority refuses to make any changes you request during the Annual Review, you can appeal to the Special Educational Needs and Disability Tribunal (SENDIST).
Before starting an appeal with the SENDIST, mediation may need to be considered. If the Annual Review is about a Statement of SEN, you do not need to consider medication. If the Annual Review is about an EHCP, you must at least consider mediation.
Mediation can be helpful, especially if more evidence is expected to be received in the near future.
If you complete mediation, or inform the mediation service that you do not wish to try mediation, you will be issued with a mediation certificate. The SENDIST must receive your appeal form no more than one month after the date on the mediation certificate, or two months from the date of the local authority’s decision, whichever is later.
We can advise whether mediation is likely to be successful. If you decide to proceed with mediation, we can help to make sure that you are properly prepared.
If you do not reach an agreement with the local authority during mediation, or if you decide not to try mediation, then we can help you to prepare an appeal to the SENDIST. This would include compiling your evidence, seeking further evidence as necessary, and making written representations. We can also represent you at the final hearing should you need us to.
It is important to be able to present the case in such a way that the evidence that you have points to the legal test being met. We will provide clear and detailed advice, from the outset, about your prospects of success and any further evidence that may be required.
If you would like to discuss your case then please contact us at [email protected] or call 0800 884 0723 – our specialist SEN solicitors are here to help.
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