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What is SEN support?

Every child with special educational needs should have SEN support. This means help that is additional to or different from the support given to most of the other children of the same age. All schools must use their “best endeavours” to ensure that children with SEN achieve the best outcomes they can.

“If a registered pupil or student at a school or other institution has SEN, the appropriate authority must use its best endeavours to secure the special educational provision called for by the pupil’s or student’s SEN is made.” (Section 66 CAFA 2014)

The purpose of SEN support is to help children and young people achieve the outcomes or learning objectives set out for them by the school in conjunction with parents and pupils themselves.

Every school must publish an SEN information report about the SEN provision the school makes. You can find this on the school’s website. You can also ask your child’s teacher or the Special Educational Needs Coordinator for information on the SEN provision made by school.

The Local Offer published by Bradford also sets out what support it expects early years settings, schools and colleges to make for all children and young people with SEN or disabilities.

What is a special educational need?

A child or young person has SEN if they have a learning difficulty or disability which calls for special educational provision to be made for him or her and if the child has a significantly greater difficulty in learning than the majority of others of the same age or has a disability which prevents or hinders him or her from making use of the facilities of a kind generally provided for others of the same. (Code of Practice.)

What is special educational provision?

Special educational provision is education or training which is additional to, or different from, that made generally for other children or young people of the same age.

The SEND Code of Practice sets out 4 broad areas of need:

Communication and Interaction

Cognition and Learning

Social, Emotional and Mental Health

Sensory or Physical needs.

SEN Support in schools

SEN support can take many forms in school:

Individual learning programme
Extra support from a teacher or a learning support assistant
Use of specialist resources or equipment
Small group work
Support with physical or personal care
Advice from specialists such as specialist teachers, educational psychologists and therapists.

Who decides what SEN support my child has?

Teachers should regularly assess the progress of all school children. The SEN Code of Practice says that schools should “identify pupils making less than expected progress given their age and individual circumstances.” (6.17)

The school should then decide if your child needs SEN support. The school should talk to you and your child about this. If a young person is 16 or older, the school should involve them directly.

If as a parent, you feel that your child may have SEN needs, you should talk to your child’s teacher or to the Special Educational Needs Coordinator.

In the Bradford district, The Bradford Matrix of Need sets out the provision for children with SEN mapped to their level of need.

https://localoffer.bradford.gov.uk/post/-bradford-matrix-of-need-v12--july-2019

The level of SEN support that your child will receive depends on their identified level of need. The needs are divided into 4 more areas and there are 5 stages of support:

Quality First Teaching for children just below age expectations.
SEND Support for children with mild learning difficulties. Interventions include, small group work, IEPs or One Page Profile, advice from professionals.
SEND Support Plus for children with moderate learning difficulties. My Support Plan written by and implemented in school, interventions as set out in the plan.
EHCP for children with severe learning difficulties. Provision as written in the plan.
EHCP plus for children with profound and multiple learning difficulties. Provision as written in the plan and specialist setting.

Once a child is identified as having SEN, the school should tell the parents. They should agree outcomes, what help will be provided and a date for progress to be reviewed. The SEND Code of Practice says that schools should use a graduated approach or 4 part cycle, Assess, Plan, Do, Review to support your child with SEN. The SENCO and teaching staff should: analyse the difference, identify the extra support your child needs, put the support in place, regularly check how well it is working and refer to additional services for further support.

Review of SEN support.

The SEND Code of Practice says that “Schools and parents should meet with parents at least three times a year.” (6.65) You should be involved in the reviewing process where the child’s progress will be checked and new outcomes will be set. Sometimes, it will be necessary to involve other professionals. Sometimes, the next step may be to ask the local authority for an EHC needs assessment. If the school decides to do this, they must tell you. Parents can also ask for this themselves.

You can download a copy of this information and some more resources relating to SEN support here:

- SEN support information sheet

- Reasonable adjustments information sheet

- My support plan

- Preparing for meetings with school

What is an Education Health and Care Plan?

An Education, Health and Care plan (EHCP) describes your child’s special educational needs (SEN) and the help they will get to meet them. An EHCP also includes any health and care provision that is needed. It is a legal document written by the local authority and is intended to ensure that children and young people with an EHCP receive the support they need.

EHCPs replaced Statements of Special Educational Need and Section 139 Learning Difficulty Assessments (LDA) on 1 September 2014.

EHCPs are for children and young people who need more support than their school or other setting can provide. The plans can start from a child’s birth and continue into further education and training (from 0 to 25).

Who needs an EHC Plan?

EHCPs are for children and young people who have a special educational need or disability that cannot be met by the support that is available at their school or college.

Most children and young people with special educational needs will have help given to them without the need for an EHCP. This is called SEN support.

The purpose of SEN support is to help children achieve the outcomes or learning objectives that have been set for them. Some children and young people may not make the progress expected of them even with this help. When this happens the Local Authority carry out an EHC needs assessment. A few children and young people have such significant difficulties/needs that an EHC needs assessment should not be delayed.

What should an EHCP be about?

The SEND Code of Practice says that EHCPs should:

Be based on decisions made openly, and with parents, children and young people
Describe what the child or young person can do
Be clear, concise, understandable and accessible
Consider how best to achieve the outcomes for the child or young person. They must take into account the evidence from the EHC needs assessment
Specify clear outcomes
Consider alternative ways of providing support if a parent or young person wishes it. This could include having a Personal Budget
Show how education, health and care provision will be co-ordinated
Be forward looking – for example, anticipating, planning and commissioning for important transition points in a child or young person’s life
Describe how informal support as well as formal support from statutory agencies can help in achieving agreed outcomes
Have a review date.

There is a full list of principles and requirements in the SEND Code of Practice section 9.61.

https://www.gov.uk/government/publications/send-code-of-practice-0-to-25

What is included in an EHCP?

Every EHCP must include at least 12 sections, but each local authority can decide how to set these out.

The sections are:

A: The views, interests and aspirations of you and your child or the young person.

B: Your child’s or young person’s special educational needs.

C: Health needs related to their SEN or to a disability.

D: Social care needs related to their SEN or to a disability.

E: Planned outcomes for your child or the young person.

F: Special educational provision. Provision must be specified for each and every need shown in section B.

G: Any health provision required that is related to their SEN or to a disability.

H1: Any social care provision that must be made for your child or young person under 18.

H2: Any other social care provision required that is related to their SEN or to a disability.

I: The name and type of the school, maintained nursery school, post-16 institution or other institution to be attended.

J: Details of how any personal budget will support particular outcomes and the provision it will be used for.

K: The advice and information gathered during the EHC needs assessment

Where the child or young person is in or beyond year 9, the EHCP must also include the provision required by your child or young person to help prepare for adulthood and independent living.

You can read the full list of what must be included in each

Section in the SEND Code of Practice sections 9.62 and 9.63.

Can I request a particular school?

The law says that parents or the young person has a right to request that a particular school, college or other institution is named in the EHCP. The Local Authority must agree to this request unless:

It would be unsuitable for the age, ability, aptitude or SEN of the child or young person, or
The attendance of the child or young person there would be incompatible with the efficient education of others, or the efficient use of resources

You can find out more about your rights to request a particular school or college in the SEND Code of Practice sections 9.78 to 9.90.

How will I be involved?

The SEND Code of Practice says:

“Local authorities must consult the child and the child’s

parent or the young person throughout the process of

assessment and production of an EHCP.” (9.21)

And:

“Reviews must be undertaken in partnership with the child and their parent or the young person, and must take account of their views, wishes and feelings, including their right to request a Personal Budget.” (9.168)

Your views, and your child’s views, are really important. The local authority, school or college should help you take part and involve you in decision making. If you would like help to do this please contact Bradford SENDIASS for impartial advice and support. We can also give you information on other sources of help, and on what to do if you do not feel that you have been heard or listened to.

Will there be a review of the EHCP?

The local authority must review the EHCP at least once every 12 months. This must be done in partnership with you and your child or the young person, and must take account of your views, wishes and feelings.

The local authority must decide whether to keep the plan as it is, make changes, or cease to maintain it within four weeks of the review meeting. You have a right of appeal if the local authority proposes to cease the EHCP.

For some young people an EHCP will continue until they are 25. However the plan will stop if the young person:

Goes to university
Gets a job
Tells their local authority they no longer want their EHCP, or,
No longer needs special help and the local authority decides that the EHCP should cease.

You can find out more about reviews of EHCPs at:

www.ipsea.org.uk/changing-an-ehc-plan

What can I do if I am not happy about the EHCP?

The first step is to contact the school, college or local authority to discuss your concerns.

Bradford SENDIASS can give you impartial advice and support and explain your options. This may include independent disagreement resolution, mediation or going to appeal.

What happens if I move to another local authority area?

If you plan to move to another local authority area you should contact the ‘old’ and the ’new’ local authorities so the support specified in the EHCP will be in place. The ‘new’ authority will amend the plan and name the new school or college.

The ‘old’ local authority must transfer the EHCP on the day of the move, as long as it has had 15 working days’ notice.

Where can I get more information, advice or support?

You can find out more about SEN Support by:

looking at the SEN policy on the school website
talking to your child’s teacher or the Special Educational Needs Coordinator
looking at the Local Offer https://localoffer.bradford.gov.uk/
reading Chapter 6 of the SEND Code of Practice

How do I request an EHC needs assessment?

You or your child’s school can ask the local authority to make an EHC needs assessment. When this assessment is finished the local authority must decide whether to issue an EHCP.

If you wish to make a parent request for an EHC needs assessment you can do this online:

https://oneonline.bradford.gov.uk/CitizenPortal_LIVE/en?ReturnUrl=%2FCitizenPortal_LIVE%25

You will need to register an account if you ae not already done so.

https://oneonline.bradford.gov.uk/CitizenPortal_LIVE/en/Account/Register

You can also watch the video which shows each step of the portal alongside some hints and tips!

Access the video by clicking this link: https://youtu.be/bQyNJCIBJAU

EHCNA Preparation Sheet

We have developed a Parental preparation sheet for you to use to prepare your answers to the questions before accessing the portal. You can view the questions below or you can download a copy of the preparation sheet to be printed.

This information sheet will prompt you to gather relevant information and prepare written responses before you access the online request form.

The online form has nine steps in total which are described below:

Step 1

Personal details of the parent/carer submitting the request (including name, address, and contact details)

Parent/Carer name

Relationship to child

Telephone Number

Email Address

Language used at home

Details of any interpretation/access support needed for the family

Address

Postcode:

First preferred method of contact

(Email, telephone or post)

Second preferred method of contact

(Email, telephone or post)

Third preferred method of contact

(Email, telephone or post)

Step 2

NHS number of the child/ Young person

(if not known leave blank)

Step 3

Details of professionals currently working with the child/ young person.

Professionals Name
Role
Telephone Number
Email address

Guidance on completing Step 4 and Step 5:

In the next two sections you are asked to provide details about the child/young person. We advise that you keep in mind the legal test that the LA considers when requested to carry out an EHC needs assessment. The legal test is:

a) whether the child or young person has or may have special educational needs (“SEN”); and
b) whether they may need special educational provision to be made through an EHC plan.

If the answer to both questions is yes, they must carry out an EHC needs assessment. Therefore, try to make sure you have detailed the special educational need or disability the child or young person has/may have (meets part A), and detail the support your child/young person needs or may need which the majority of pupils of the same age do not need.

Step 4

(Max 3,000 words per answer)

Please provide a brief description of your child’s background

What are their strengths?

What do you admire most about them?

What is currently working for them?

What is currently not working so well for them at the moment?

What are your aspirations for your child’s future in the medium term?

What are your aspirations for your child’s future in the long term?

Do you have any other comments?

Step 5

(Max 3,000 words per answer)

What do they like and admire most about themselves?

What do they like doing?

What makes them happy?

What do they feel they are good at?

What do they feel they aren’t so good at?

What do they think helps them to learn?

What do they feel keeps them healthy?

How would they like people to communicate with them?

What would they like to do when they are older?

Step 6

To be completed by the parent/carer:

Request for assessment: I am in agreement with this request that the Local Authority undertakes a statutory EHC needs assessment for my child.

Requesting and sharing information: I give the Local Authority permission to share my/my child’s personal details including religious beliefs, ethnicity, and data concerning health (including NHS number) with relevant professionals and organisations – such as Education, Health and Social Care – to gather evidence for this statutory EHC needs assessment.

Permission to observe: I give permission for any relevant agency or provider to observe my child in their current setting to provide information to the Local Authority on how best to support their needs.

Permission to consult: I give the Local Authority permission to consult with a range of local schools / post-16 institutions / early years providers in the event that my child requires additional support.

Opting out: I understand that I have the right to opt out of any/all of the agreements above at any time, and am aware that by doing so, the statutory EHC needs assessment will immediately cease to continue.

Parent Signature

Date:

Step 7

To be completed by the young person if they are 16 or over:

Young person consent and declaration note: after the end of the academic year in which the young person turns 16 (normally Year 11) the right to make requests and decisions under the Children and Families Act 2014 applies to young people directly, rather than to their parents. Parents, or other family members, can continue to support young people in decision making, or act on their behalf, provided that the young person is happy for them to do so.

Request for assessment: I am in agreement with this request that the Local Authority undertakes a statutory EHC needs assessment on my behalf.

Requesting and sharing information: I give the Local Authority permission to share my personal details including religious belief, ethnicity, and data concerning health (including NHS number) with relevant professionals and organisations – such as Education, Health and Social Care – to gather evidence for this statutory EHC needs assessment. I give the Local Authority Permission to request any information about me regarding this statutory EHC needs assessment.

Permission to observe: I give permission for any relevant agency or provider to meet, observe and assess me in my current setting to provide information to the Local Authority on how best to support me.

Permission to consult: I give the Local Authority permission to consult with a range of local schools / post-16 institutions in the event that I may require additional support.

Are you happy to liaise with the local authority directly throughout the EHC assessment? (YES or NO)

If no, I nominate the following person to act on my behalf throughout the EHC assessment (Please include contact details)

Young Person’s Signature

Date

Step 8

Upload documents or reports to support the request. You may wish to include:

Diagnostic/ medical reports
Speech and Language reports
Educational psychologist’s reports
Exclusion letters
School reports
Paediatrician reports
CAMHS
Social care

This list is not exhaustive, and you may have other documents which provide evidence that your child/young person requires an EHC assessment to take place.

If reports or documents are not available or have not been sought, do not worry, if the Local authority agree to carry out an assessment, they will request certain professionals to undertake assessments that will generate reports.

Step 9

Confirm details are correct and submit the form.

Once you have submitted the form through the online portal, the Local Authority have 6 weeks to make a decision as to whether to carry out a needs assessment or not. You will be notified of the decision and if it is refused you will receive a decision letter which gives you the right to appeal. (see appealing the refusal to carry out a needs assessment tab below)

Below you can download the information packs by clicking each link.

EHCP information Sheet

EHCNA parental Preparation sheet

Timeline for requesting an EHCP

Appealing a Local Authority Decision Not to Carry Out an Education, Health & Care (EHC) Needs Assessment

The decision letter from the local authority will explain your right to mediation and appeal (you cannot appeal a refusal to assess decision where the local authority has carried out an EHC needs assessment in the previous six months). You have 8 weeks from the date on the decision letter from the local authority (see our appeal process info sheet).

It is always a good idea to continue talking to the local authority about your concerns or any questions that you have. Further information could help you to decide whether to appeal, and if you do decide to then it will help to build your case.

Before appealing you must firstly consider mediation, this can prove to be really useful, for example where:

You have some additional information or a new report you would like to share with the Local Authority
The local authority have omitted to include information gathered during assessment
You believe further assessment is necessary (you could request re-assessment, which may avoid you needing to appeal)

It is possible following mediation that the local authority will agree to arrange for further assessment, thereby avoiding the need to appeal. If, after mediation, you decide to pursue an appeal, you must complete the SEND35A appeal form. This needs to be sent to the tribunal service along with a copy of the mediation certificate and the decision letter within 4 weeks of the date on the mediation certificate, or 8 weeks from the date of the decision letter, whichever is the longest (see our appeals process guide for more information).

The following information will help you to understand the context of the refusal to assess decision and to help you to prepare for the appeal.

The legal position

"The local authority must secure an EHC needs assessment for the child or young person if, after having regard to any views expressed and evidence submitted under subsection (7), the authority is of the opinion that:

The child or young person has or may have special educational needs, and
It may be necessary for special educational provision to be made for the child or young person in accordance with an EHC plan." (36.8)

Your case needs to satisfy these two conditions (known as the legal tests) in order for a successful outcome. The important thing to note here is the use of the word 'may' in both these tests - the child 'may' have SEN and 'may' need an EHC plan.

Usually the first of these (a) is not in dispute and the local authority will likely be relying on the second (b) of these legal tests.

You do not need to evidence that your child/young person definitely needs an EHC plan. The purpose of this type of appeal is to establish whether the local authority should carry out an EHC needs assessment.

Preparing for Appeal.

Think about the reasons an assessment was requested in the first place. Key reasons usually fall into one or more of these categories:

There are gaps in knowledge i.e. it is not known what the needs are, and an assessment is the only way to determine these

There is little or no progress* despite support from the setting

The setting need help from the local authority to provide what is needed**

*progress is not limited to academic attainment and can be across any of the four broad areas of need (communication and interaction; cognition and learning; social, emotional and mental health difficulties; sensory and/or physical. See 6.28 to 6.34 of the SEND Code of Practice for a full definition).

** settings can apply for top-up (high needs) funding without an EHC plan. You will need to consider how you can show the needs of your child are over and above what the setting can provide within the available funding.

With points 2 & 3 it will be essential to look at what the Local Authority expect schools and settings to provide, what is already being put in place, and what progress is being made.

You can find out what is generally available within the Bradford Local Offer, but if you can't easily find what you need, you can request this from the local authority by letter or email.

Supporting Evidence

Read the school's SEN policy, SEN Information report and accessibility plan (these explain adjustments made for disabled pupils and ongoing plans to improve access).

You will need to clearly evidence educational needs. Though 'health' and 'care' needs are relevant and picked up within the EHC process, it is the educational needs that are the trigger for an assessment.

See below for some examples of supporting evidence...

Your child/young person's views – this can be a short video
Your own views
Progress reports
Statements from teachers who work with your child
Medical reports/assessments
IEP/support plan/pupil passport/provision map
Home/school diaries
Assessment/specialist reports
Exclusion letters/reports
Letters/emails from setting/local authority/health/specialist/'continuing care assessment'
Examples of school or homework (can be helpful where rate of progress is in dispute)
You can request a copy of your child's school record (you will likely be charged for photocopying)
Second opinion - where you disagree with a professional report or recommendation, where finances allow you could explore private assessment. Where views of professionals differ each is given equal weight at tribunal.

Consider the local authority view

The decision letter from the local authority should explain why they decided not to carry out an EHC needs assessment. They may have made other recommendations, for example, a referral to a specialist service. You need to consider your counter-argument here as to why you believe this action will not meet your child's needs.

Have the local authority taken everything into account? You can ask the LA which information was considered in making the refusal to assess decision.

Consider the Setting/School View

Where the setting supported the EHC needs assessment request, they are likely to be happy to share with you any supporting evidence, for example, a provision map outlining the planned support and related costs. They may also agree to provide a statement in support of your case.

What if School are Not in Support?

In this circumstance, the local authority will be likely to include information from school as evidence for their case, so it is important to understand the arguments you will be up against.

Talk to school about why they do not feel an EHC needs assessment is required, and what their view is for next steps. Where they disagree about the rate of progress, use the opportunity to unpick this further.

Remember, when we talk about progress this should not be limited to academic attainment, there may be wider needs which are having an impact to your child's learning.

Consider all your child's needs, what support they have had, for how long, and what impact (if any) the support has had i.e. have the desired outcomes from targeted support been achieved?

Where the setting are suggesting trying a different strategy/service (and particularly where this was recommended by the local authority), consider how or whether this will have the desired impact for your child. For example, the strategy may have been tried previously or will only support one area of need, whereas a full assessment will give you an overall picture.

Downloads:

- Appeal - Refusal to assess

- SEND Tribunal Process

- How to Appeal a decision

- SEND appeal form 35a

Appealing the Local Authority Decision Not to Issue an Education, Health & Care (EHC) Plan

The decision letter from the Local Authority will explain your right to mediation and appeal. If you wish to appeal, you have 8 weeks from the date of the decision letter from the LA to lodge your appeal.

Firstly, it is important to fully understand why the local authority reached this decision. It's always a good idea to continue talking to the local authority about your concerns, or any questions you have about the reasons they gave in reaching their decision. Further information will help you decide whether to appeal and should you decide to appeal, will be important in helping you to prepare for the appeal.

Before appealing, you must consider mediation; the Local Authority decision letter will have the details of how to arrange this. It can be really useful, for example, if you have some additional information or a new report you would like to share with the local authority. It can be that after mediation the Local Authority change their position and there is no need to progress to an appeal.

However, if after mediation you decide to pursue an appeal, you must complete the SEND35 appeal form. This needs to be sent to the tribunal service along with a copy of the mediation certificate and the decision letter within 4 weeks of the date on the mediation certificate, or 8 weeks from the date of the decision letter, whichever is the longest (see our appeals process guide for more information).

The following information will help you to understand more about the context of the refusal to issue decision and help you to prepare for appeal.

The Legal Position.

The SEND Code of Practice 2015 says...

'Where, despite appropriate assessment and provision, the child or young person is not progressing, or not progressing sufficiently well, the local authority should consider what further provision may be needed. The local authority should take into account:

whether the special educational provision required to meet the child or young person’s needs can reasonably be provided from within the resources normally available to mainstream early years providers, schools and post-16 institutions, or

whether it may be necessary for the local authority to make special educational provision in accordance with an EHC plan' (9.55)

What Does This Mean?

In reaching their decision the local authority should consider:

The information gathered during the EHC needs assessment
The child or young person's SEN
The Special Educational Provisional ready being made

Where the child or young person is not making expected progress, despite appropriate provision they should consider:

Any further Special Educational Provision is needed
Whether the required provision could reasonably be provided from within the resources normally available to the education setting
Whether it is necessary for the local authority to make special educational provision in accordance with an EHC plan

Your appeal needs to explain and evidence reasons why you believe it is necessary for the special educational provision to be set out in an EHC plan.

Key reasons usually fall into these categories:

There were gaps in understanding your child's SEN prior to assessment, and the provision may not have been 'well-matched'
Progress* is not sufficient despite appropriate provision
The required special educational provision cannot be provided without an EHC plan (e.g. the setting cannot be reasonably expected to provide from within their own resources or where you are seeking a specialist setting**)

*Progress is not limited to academic attainment and can be across any of the four broad areas of need (communication and interaction; cognition and learning; social, emotional and mental health difficulties; sensory and/or physical. See 6.28 to 6.34 of the SEND Code of Practice for a full definition).

** Settings can apply for top-up (high needs) funding without an EHC plan. You will need to consider how you can show the needs of your child are over and above what the setting can provide within the available funding.

With point 1 it may be difficult to counter a local authority view that the EHC needs assessment process has identified further provision which can be reasonably provided by the setting.

With points 2 & 3 it will be essential to look at what the local authority expects schools and settings to provide, what is already being put in place, and what progress is being made.

You can find out what is generally available within the Bradford Local Offer, but if you can't easily find what you need, you can request this from the local authority by letter or email.

Supporting Evidence

Read the school's SEN policy, SEN Information report and accessibility plan (explains adjustments made for disabled pupils and ongoing plans to improve access). If you can't find something you can request information from the school.

Listed below are some examples of supporting evidence. They may not all be relevant to your case.

Your child/young person's views – this can be a short video
Your own views
Progress reports
Statements from teachers who work with your child
Medical reports/assessments
IEP/support plan/pupil passport/provision map
Home/school diaries
Assessment/specialist reports
Exclusion letters/reports
Letters/emails from setting/local authority/health/specialist/'continuing care assessment'
Examples of school or homework (can be helpful where rate of progress is in dispute)
You can request a copy of your child's school record (you will likely be charged for photocopying)
Second opinion - where you disagree with a professional report or recommendation, where finances allow you could explore private assessment. Where views of professionals differ each is given equal weight at tribunal.

Consider the Local Authority View

The decision letter from the local authority should explain why they decided not to issue an Education Health and Care plan. They may have suggested changes to provision and you will need to consider your counter-argument here as to why you believe this provision can only be met by having an EHC plan.

Consider the Setting/School View

Where the setting is in support of your case, they are likely to be happy to share with you any supporting evidence, for example, a provision map outlining the required provision and related costs. They may also agree to provide a witness statement in support of your case - see further down information about witnesses.

What if School are Not in Support?

In this circumstance the local authority will be likely to include information from school as evidence for their case, so it is important to understand the arguments you will be up against. Talk to school about why they do not feel an EHC plan is necessary, and how they will be able to make the provision without one. Where they disagree about the rate of progress, use the opportunity to unpick this further.

Remember when we talk about progress this should not be limited to academic attainment; there may be wider needs which are having an impact to your child's learning. Consider whether the provision proposed meets all the needs of your child.

Witnesses

You can ask professionals to be your witness, though first establish whether they will be in support of your appeal. You can ask if they will provide a letter or report which helps you to evidence your key points, which you can include in your appeal. You could ask if they will come along to the hearing, if they decline you can request a summons for them to attend - before you do this be sure they intend to support your case!

Private therapists and psychologists are likely to charge a daily fee to attend a hearing, which will be your responsibility to cover.

Downloads:

Appealing - refusal to issue

Appeal form - refusal to issue

The SEND Tribunal Appeal Process

How to appeal an SEN decision

Appealing the Needs (Section B) and/or Provision (Section F) of an EHC Plan.

This information will also be helpful if you are appealing the school/setting or type of school/setting named, as the contents of the plan are relevant to the appeal.

Before appealing, you must first consider mediation, which can be really useful, for example where:

You would like an opportunity to discuss your issues, and to find out more about how the local authority reached their decision
You have some additional information or a new report that you would like to share with the local authority
The local authority have omitted to include information provided during assessment
You believe further assessment is required to determine your child’s needs

It is possible following mediation that the local authority will agree to amend the plan, or arrange for further assessment, thereby avoiding the need to appeal. If, after mediation, you decide to pursue an appeal, you must complete the SEND35 appeal form. This needs to be sent to the tribunal service along with a copy of the mediation certificate and the decision letter within 4 weeks of the date on the mediation certificate, or 8 weeks from the date of the decision letter, whichever is the longest (see our appeals process guide for more information).

The following information will help you to prepare for the appeal with regard to the contents of the plan.

The legal position

The Children and Families Act 2014 says:

...an EHC plan is a plan specifying—

the child’s or young person’s special educational needs;
the special educational provision required by him or her; (37 (2))

And:

Health care provision or social care provision which educates or trains a child or young person is to be treated as special educational provision (instead of health care provision or social care provision). (21 (5))

The SEND Regulations (section 12) say that each section of an EHC plan must be separately identified.

So what does this mean?

It is really important that sections B and F accurately reflect your child/young person's Special Educational Needs and Provision, including any related health or care provision which educates or trains your child.

Preparing for Appeal

Your appeal needs to explain and evidence the reasons why you believe it is necessary for the special educational needs and provision to be amended in the EHC plan.

If there has been a recent EHC needs assessment, start by looking at the professional reports and cross-reference them with the EHC plan. It could be helpful to use a highlighter pen to help you see each identified need, and to ensure that each of these has corresponding provision, both within a report and again with the EHC plan.

Supporting Evidence

Listed below are some examples of supporting evidence. They may not all be relevant to your case.

Your child/young person's views – this can be a short video
Your own views
Progress reports
Statements from teachers who work with your child
Medical reports/assessments
IEP/support plan/pupil passport/provision map
Home/school diaries
Assessment/specialist reports
Exclusion letters/reports
Letters/emails from setting/local authority/health/specialist/'continuing care assessment'
Examples of school or homework (can be helpful where rate of progress is in dispute)
You can request a copy of your child's school record (you will likely be charged for photocopying)
Second opinion - where you disagree with a professional report or recommendation, where finances allow you could explore private assessment. Where views of professionals differ each is given equal weight at tribunal.

Consider the Local Authority (and/or Health Provider) View

Find out why they do not want to accept your proposed changes, and use the opportunity to explain your reasons. Point to evidence and provide copies of reports with highlighted sections to help you explain.

Witnesses

You can ask a range of professionals to be your witness. You will need to establish whether they can provide a letter, report or a witness statement which helps you to evidence your key points. You may, for example, ask that they clarify or expand on information that they have already provided as part of the assessment.

You could ask if they will come along to the hearing, if they decline you can request a summons for them to attend - before you do this be sure they intend to support your case! Therapists and psychologists are likely to charge a daily fee to attend a hearing, and it will be your responsibility to cover these costs.

Downloads:

Appealing - Section B and F

Appeal form - Section B and F

The SEND Tribunal Process

How to appeal an SEN decision

Appeals about the Named School, or That There is No School (or College/Setting) Named in Section I of an EHC Plan

We would recommend you also appeal the contents of the EHC plan, as your child's needs and required provision are relevant in every appeal about the school/setting named.

Firstly, it's important to fully understand why the local authority reached this decision. It's always a good idea to continue talking to the local authority about your concerns or any questions you have. These discussions will help you to decide whether to appeal, and if you do, will be helpful for preparing your appeal.

As you are appealing against Section I it is not a requirement to go to mediation but it is worth considering because the local authority could reconsider their position as a result of the mediation

If you decide to appeal, you must complete a SEND35 appeal form and send it with a copy of the decision letter to the tribunal service within 8 weeks of the date on the letter (see our Send Tribunal Process guide for more information).

The Legal Position

The Children and Families Act 2014 says:

The child’s parent or the young person has the right to request a particular school, college or other institution of the following type to be named in their EHC plan:

maintained nursery school
maintained school and any form of academy or free school (mainstream or special)
non-maintained special school
further education or sixth form college
independent school or independent specialist colleges (where they have been approved* for this purpose by the Secretary of State and published in a list available to all parents and young people) (38)

The local authority may only reject your request to name your chosen school where:

The school or other institution is unsuitable for the age, ability aptitude or special education needs of the child or young person
The attendance of the child or young person would be incompatible with the provision of efficient education for others
The attendance of the child or young person would be incompatible with the efficient use of resources (39)

Some Independent schools have opted in. There is a list of approved independent schools and colleges, known as 'section 41' schools.

What does this mean?

You can request to name a school or setting, provided it is one of the types listed above.

The local authority may only reject your chosen school for one of the above reasons; it would not be lawful to refuse because a school is full for example.

You cannot request the local authority consult with an Independent school that has not opted into section 41, but you can make representations for one.

The Act also says that children and young people should be educated in mainstream schools, unless incompatible with the wishes of the child's parent or the young person, or with the efficient education of others. (33.2)

Where the local authority do not agree with your request for a particular school (due to one of the reasons above) they must name a school they think appropriate, or a type of school they think would be appropriate.

This is the most complex type of appeal, we do not cover every possible scenario here and you may want to talk your particular situation through with us.

You should also appeal the contents of the EHC plan with an appeal about the setting named. If you don't the judge cannot make an order to change the needs and provision within the plan. See our separate section appealing the contents of an EHC plan.

Supporting Evidence

Keep in mind what the law says about which school or setting you can request, and build your case around the reason/s the local authority have refused your request which will fall in one or more of these categories:

The school or setting you have requested is unsuitable

Admitting your child to the school you have requested would be incompatible...

...with the efficient education of others

...with the efficient use of resources

So let's look at these reasons more closely.

Unsuitability

You will need to evidence that the school you are requesting is suitable, i.e. can meet the needs of your child, and that the school or type of school named by the local authority is unsuitable.

If you are appealing for a mainstream school, the law is weighted on your side as children and young people have the right to a mainstream education.

Mostly we hear from parents appealing against mainstream for a specialist setting, and we will focus on gathering the evidence for this type of appeal here.

If you are appealing for an Independent setting, you will need a written offer of a place ahead of the hearing, as the judge will need to see they are prepared to admit your child before making an order.

Evidence for the school you are requesting might be from:

What the EHC plan says (or you would like it to say) your child's needs and provision are
Your child's views - a good example might be where your child says they do not understand the lessons, or perhaps have low confidence or self-esteem due to feeling 'too different' in their current school.
The school or setting's own website and their SEN information report - the type of school, specialism, experience of teaching children with similar SEN - link it to your child's needs where you can
The curriculum followed and qualifications children are entered for
The range and nature of the needs of other children in the school/year/class
Information you have gathered from visiting the school – focus on what it is that makes you feel it is the right school, the environment, the children you saw when visiting and how they were being taught, the classes, or the staff and facilities available etc.
Progress reports (IEP/pupil passport/provision map/behaviour or exclusion record) from the current setting that show little or no progress despite ongoing targeted support
Behaviour policy and how it may suit your child
Assessment/specialist reports showing the areas of difficulty, levels and rate of progress and particularly where there is deterioration with their mental health
Prospectus & Ofsted report - the tribunal panel will want to see these documents, and you may be able to point to some of the information or findings within your appeal notes

Consider also the response from the setting you have requested, where the local authority has consulted with them and they say they are unsuitable...

Does the response:

Fully explain their reasons
Consider and respond to how they could/couldn't meet your child's needs and
Correspond with their 'offer' (e.g. look at their website for types of students they admit and also their SEN information report)

Education Other Than at School (not to be confused with elective home education)

Section 61 of the Children and Families Act says that, provided they are satisfied that it would be inappropriate for provision to be made in a school/setting, a local authority may arrange for any special educational provision to be made 'otherwise than in a school or post-16 institution or a place at which relevant early years education is provided (subject to consulting with parents and the young person)'.

This section of the Act can be helpful if you are seeking to secure home tuition for all or part of your child/young person's education.

To argue successfully in this scenario, you will need to gather evidence to show that attending a school/setting would be inappropriate. In addition to some of the evidence we've already mentioned above you should include:

Information about the last school/setting your child went to and their attendance record, including information about why this was not working well
Support and strategies used
Any professional reports or emails indicating that attending a school would be detrimental
Details of the provision/package of support you have identified, including costs, and why this would be appropriate for your child

Residential schools

You will need to establish that your child/young person needs educational provision extending beyond the school day. Relying on arguments around them needing constant supervision is not likely to be sufficient. Evidence might include:

Social Care involvement - where no previous involvement consider making a request for assessment
Cost savings that could be made if your child/young person were to attend a residential school (that they would receive a 5-day package, or would remove the need for a specialist service as examples)
How this could support successful transition into adulthood
Where this is the nearest suitable setting, but it is too far for your child/young person to travel daily without causing stress or strain

Then consider how to evidence against the school named by the local authority for example:

The setting's own website and their SEN information report - check it against your child's needs and provision in the EHC plan
Prospectus and Ofsted report - highlight anything that evidences against naming the school for your child
Where the local authority have named your child's current school (or another school of the same type) - any examples indicating they are unable to meet your child's needs, such as the environment being unsuitable. This is common for a child/young person with social and sensory needs who may feel overwhelmed in a mainstream environment. Include any emails or notes from professionals that indicate your child would be better suited to a different type of setting.

Incompatibility with the efficient education of others

Though it is unlawful to refuse because a setting is full, what the local authority are saying here is that admitting your child/young person to the setting you have requested would impact so greatly on the education of others that this would be incompatible. You will need to think about how you can counter this within your case.

The starting point would usually be looking at the response from the setting - the local authority will have consulted with them (though not necessarily the case for an Independent school as they do not have to - read our section 'what the law says').

Does the response:

Fully explain how the education of others would be impacted
Provide any detail about the number of students in the year group and set up of the classes including staffing
Provide any detail of previous numbers of year groups/classes - i.e. have they exceeded their numbers previously?
Include detail about how they might accommodate the child

The tribunal will expect the setting you have requested to have considered how they could admit your child, and provide evidence that the impact of admitting 'just one child' would be so great this would be incompatible. If the information you have been provided with does not go into enough detail highlight this in your appeal, the judge will likely unpick this further at the hearing.

Admitting your child to the school you have requested would be incompatible with the efficient use of resources

This is about the local authority duty to have regard to the 'public purse' and is used where they believe your child/young person's needs can be met 'more cheaply'.

Costs can only be compared with 'like for like' provision, for example with a mainstream versus specialist appeal, your key arguments will be about proving suitability of the setting/s, and not the cost.

Where the local authority 'offer' is for a specialist setting (remember a unit is mainstream in law) and you are requesting a different specialist setting, costs are relevant but make sure you have evidenced suitability first - i.e. how your child's needs cannot be met at the setting proposed by the local authority.

The local authority will be required to provide details about the cost of the setting they propose and, if they are citing cost as the reason they cannot name your chosen setting, they will likely include a comparison (and incorporate transport costs if this is also a factor).

However, they may not have provided this information for the setting you are requesting and you will need to find this out. Costs will vary depending on the needs of your child and the type of school you are seeking so the best place to start is with the setting - ask them to provide a cost breakdown.

You can ask the local authority whether they already transport students to the school you are requesting to establish whether this will reduce transport costs, a shared taxi for example.

Where an Independent school have made an offer of a place following a consultation, they would usually send the local authority a breakdown of costs. You can ask the setting or the local authority for this.

Where the costs of your requested setting are higher:

Consider the overall cost to the public purse, such as listing in your appeal the services and therapists that would need to be available if your child didn't go to the setting you want for them, for example mental health or occupational therapists
Look at whether the setting you are seeking has on-site therapists, particularly where the EHC plan includes this provision. Perhaps it will be cheaper for your child overall to attend a setting where this is included
It can be useful to refer in your appeal to the law that says 'children and young people should be enabled to achieve their best' (see our information 'what the law says'). You could acknowledge that costs are higher for your chosen setting, but this provides your child with the chance to 'achieve their best.'

If you do not have cost breakdowns for either or both settings by your evidence deadline, make it clear in your case that you have requested it but that this information is outstanding.

Witnesses

You can ask professionals to be your witness including school staff; establish whether they will be in support of your appeal. You can ask if they will provide a letter or report which helps you to evidence your key points that you can then include in your appeal. You could ask if they will come along to the hearing, if they decline you can request a summons for them to attend - before you do this be sure they intend to support your case!

Where you have an offer from an Independent school or College the tribunal will expect a representative to attend the hearing to answer any questions about provision.

Therapists and psychologists are likely to charge a daily fee to attend a hearing, and it will be your responsibility to cover this cost.

Downloads:

Appealing - Named school on the plan

Appeal form - Section I

The SEND Tribunal Process

How to appeal an SEN decision

Information sheets

We have developed a number of information resources on a range of SEN issues for parent’s and professionals. Our information sheets are regularly updated and easy to understand. They cover the relevant information and practical advice for parents to follow on the following subjects.

If you require any of these information sheets in a different language, please get in touch and we can send you this via post or email.

SEND Tribunal

Informative Video on Virtual Hearings at the SEND Tribunal

British Sign Language :Informative Video on Virtual Hearings at the SEND Tribunal

Education Health and Care Plans

EHCP Workshop

EHCP Workshop Urdu

EHCNA Parental Request

SEN Support

SEN Support Urdu

Last updated: 21 November 2022