Tribunal powers to consider Health and Social care needs and provision

If you lodge an appeal with the SEND tribunal about any of the education sections (needs, provision or school named) of a plan, you may now ask the tribunal to consider the sections relating to health and social care needs and provision, as part of a National trial running until 31 August 2020.

It is worth remembering that any health and social care provision which educates or trains a child or young person should be specified under ‘Special Education Provision‘ (section F) of the EHC Plan. This might include speech therapy or occupational therapy, for example.

You could include in your appeal, where you believe the local authority have not fully identified health or care needs as part of the EHC needs assessment – for example, where social care have responded with ‘not known to service’, or where you disagree with the outcome of a ‘continuing care assessment’ (or that there has not been one).

Read the full guidance about the trial, including the duties of health commissioners and local authorities.

It’s a good idea to continue talking to the local authority when you are in disagreement, as it may be possible to resolve without having to lodge an appeal.

Let them know what it is you disagree with and what you would like changed.

These discussions will help you decide whether to appeal and if you do, it could be useful when building your case. Continue talking with them,  even after lodging an appeal.

Appealing to the SEND Tribunal is a formal legal process and can feel quite daunting for parents. Information and preparation are key; take a look at our information, and if you are undecided or have any questions about appealing, please contact us.

If you are thinking about appealing the following local authority decisions, you must firstly consider mediation:

  • refusal to carry out an EHC needs assessment
  • refusal to issue an EHC plan
  • the contents of a final EHC plan or amended plan
  • decision not to amend an EHC plan
  • decision to cease to maintain an EHC plan

The right of appeal moves to the young person when they reach the end of compulsory school age (the last Friday in June of the academic year in which they turn 16)

We can support you with preparing and lodging your appeal, help you with paperwork, guide you through the process, and we may be able to attend with you.

If you instruct legal representation, we will step back from active involvement but will remain available for information and ongoing advice and support around related issues. 

Tribunal powers to consider Health and Social care needs and provision

If you lodge an appeal with the SEND tribunal about any of the educational sections (needs, provision or school named) of a plan, you may now ask the tribunal to consider the sections relating to health and social care needs and provision, as part of a National trial running until 31 August 2020. It is worth remembering that any health and social care provision which educates or trains a child or young person should be specified under ‘Special Education Provision‘ (section F) of the EHC Plan. This might include speech or occupational therapies for example.

You could include in your appeal, where you believe the local authority have not fully identified health or care needs as part of the EHC needs assessment – for example, where social care have responded with ‘not known to service’, or where you disagree with the outcome of a ‘continuing care assessment’ (or that there has not been one).

Read the full guidance about the trial, including the duties of health commissioners and local authorities