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Visual Impairment :
Special Educational Needs
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APPEALING TO THE SEND TRIBUNAL

The SEND Tribunal is part of the First-tier Tribunal (Health, Education and Social Care Chamber, HESC) within Her Majesty’s Courts and Tribunals Service HMCTS). Any appeal to the SEND tribunal must be registered within two months of the LA’s decision, or 1 month after a mediation certificate has been issued, which ever is later.

Appeals can be made about :

  • a decision by a local authority not to carry out an EHC needs assessment or re-assessment

  • a decision by a local authority that it is not necessary to issue an EHC plan following an assessment

  • the description of a child or young person’s SEN specified in an EHC plan, the special educational provision specified, the school or other institution or type of school or other institution (such as a mainstream school/college) specified in the plan or that no school or other institution is specified

  • an amendment to these elements of the EHC plan  

  • a decision by a local authority not to amend an EHC plan following a review or re-assessment
  • a decision by a local authority to cease to maintain an EHC plan

    The SEN Code of Practice gives further guidance :

11.47    The following conditions apply to appeals:

  • the parent or young person can appeal to the Tribunal when the EHC plan is initially finalised, following an amendment or a replacement of the plan
  • appeals must be registered with the Tribunal within two months of the local authority sending a notice to the parent or young person of the decision about one of the matters that can be appealed to the Tribunal or within one month of a certificate being issued following mediation or the parent or young person being given mediation information
  • the right to appeal a refusal of an EHC needs assessment will be triggered only where the local authority has not carried out an assessment in the previous six months
  • when the parent or young person is appealing about a decision to cease to maintain the EHC plan the local authority has to maintain the plan until the Tribunal’s decision is made

When making an appeal parents/carers/young people must supply a copy of the decision, a mediation certificate, the EHCP and their reasons for lodging the appeal, together with all other relevant documents (reports, assessments etc.)

Once the appeal has been registered SEND will send copies of the papers to the LA and will provide case management details with dates by which various actions must be taken.