The local authority’s paperwork will tell you what you need to do if you do not agree with their decision. If you cannot find the information, contact your local authority.
This usually starts with mediation. If mediation does not work, you can appeal to a Special Educational Needs and Disability (SEND) tribunal. The appeal is a legal process. You or a solicitor would need to build your case for a hearing. The local authority would do the same.
To start the formal appeals process, you will need to speak to a mediation adviser. If you do not have details about a mediation service with the EHC plan or decision letter, contact your local authority.
Mediation is a way to help you and the local authority SEN team resolve problems with the EHC plan outside of court. It gives you the opportunity to:
find out why the local authority made their decisions
explain why you disagree
agree on a compromise to avoid going through the tribunal process
Mediation is a free service and will not affect your right to appeal. The service is impartial and separate from the local authority. You do not have to take part in mediation if you feel it will not work. But you will still need to talk to a mediation adviser to get a certificate.
To continue with your appeal, you’ll need to get a certificate that will either say:
you’ve taken part in mediation with your local authority but cannot find a compromise
you know your right to mediation but do not wish to take part in this
After you start a formal appeal, you can still reach an agreement with the local authority through additional mediation before your hearing.