Education, health and care (EHC) plans - unhappy with our decision?
We are committed to involving you closely in the process of assessing your child or young person, and then if appropriate, during the writing and agreement of an education, health and care (EHC) plan, so you can raise issues that you have at any point in this process. If you disagree with a decision about an assessment for an EHC Plan, or the contents of the EHC Plan itself, there are several ways in which these could be resolved.
Wherever possible, we and our health partners - will try and resolve issues or areas of disagreement. This will be done by meeting and talking with those involved in supporting children and young people with special education needs and disabilities.
Sometimes it is not possible to reach a resolution to disagreements about a child or young person’s EHC Plan and an impartial third party can help through mediation or disagreement resolution.
Mediation applies to disagreements that are a result of decisions made by local authorities. It involves a trained, independent third party who will help to resolve the issue by talking to, or meeting, parties involved.
It is a requirement that mediation needs to be considered before an appeal can be lodged with the Special Educational Needs and Disability Tribunal. Agreement to attend a mediation meeting is not compulsory but parents and young people must have considered whether it may be possible to resolve a disagreement by doing so. A certificate will be required to indicate that such consideration has been given. This certificate will be issued by the provider of the mediation service.
Mediation does not affect the right to appeal and is a free service to parents and young people involved. Mediation can be used for single route of redress cases to discuss health and social care aspects of the EHCP.
Disagreement resolution solutions
This is voluntary and applies to issues arising for children and young people with special educational needs, not just those who are being assessed or have an EHC Plan. It can cover any aspect of SEN provision.
Disagreement resolution can also be used for health and social care disagreements related to EHC assessments and plans.
The service available is independent from the council. If parents or young people decide not to take this route to resolve a disagreement, it does not affect their right to appeal.
Information, Advice and Support Service
Details and information regarding access to mediation and disagreement resolution can also be obtained from the Information, Advice and Support Service. Find out more.
Appeals to the Special Educational Needs and Disability Tribunal
If you are still unhappy, or have decided against using the mediation service, you can appeal to the Special Educational Needs and Disability Tribunal. Find out more about how to appeal to the Special Educational Needs and Disability Tribunal .
In line with Schedule 2 of the Special Educational Needs and Disability Regulations 2014 all local areas in England are required to publish details in their local offers for ‘notifying parents and young people of their right to appeal a decision of the local authority to the Tribunal’ and this includes their extended rights as part of the single route of redress national trial. For more information on the trial see our Single Route of Redress - National Trial page.
Who to contact
The mediation and disagreement resolution services in Bromley are currently provided by Global Mediation which is a professional mediation service which is independent of the council.
The service can be contacted by:
- Calling 0800 0644488
- E-mail email@example.com.
For further information visit the Global Mediation website