How Do I Raise a Concern About My Child’s EHCP?

Feeling that you do not agree with a decision around your child’s support or Education Health Care Plan (EHCP) can feel overwhelming, especially if you are unsure of how or when you should raise your concerns.

This guide provides information and advice on how to raise concerns informally in relation to your child’s EHCP and what services are available to support you.

Knowing Your Rights

Knowing your rights can help you to know when you or your child is not getting the support needed. All Schools, Colleges and Local Authorities must follow the law when making decisions about your child’s education provision.

All education settings have a legal duty to support children and young people who are blind or partially sighted. The main law that protects and supports students aged 0 to 25 in education is the Children and Families Act 2014.

Schools and colleges must also follow the Special Educational Needs and Disability (SEND) Code of Practice 2015, which provides practical guidance for schools and Local Authorities to follow. This includes what they should and shouldn’t do under the law.

Raising Concerns Informally

We always advise you to raise any disagreements you may have with your Local Authority as soon as they arise so that these can be discussed and explored with the professionals involved.

At any stage during the 20-week EHCP process or when preparing for Annual Review, you can email or ask to speak directly with the Local Authority’s Special Educational Needs and Disability Officer (SENDO) or case officer, about your concerns.

Gathering evidence for when you speak with your Local Authority, even informally, can also help to support this conversation and will put you in a good position if you need to appeal at a later date.

Impartial Third-Party Services

In some cases, you may want to involve an impartial third party to support you in raising your concerns. Your Local Authority must provide information on the services you can access on their “Local Offer” webpage. Below we have listed the two main services available:

Disagreement Resolution Services

Disagreement resolution services are available to all blind and partially sighted children and young people for support related concerns. They can be used to help resolve disagreements with schools or other education settings as well as the Local Authority. Using a Disagreement Resolution Service early can help to resolve concerns informally and might prevent the need to appeal at a later stage.

Want to find out more about Disagreement Resolution Services? Kids Charity have created a useful factsheet with further information about how they can help.

Mediation Services

Mediation services are used specifically for parents and young people who are considering appealing to the Special Educational Needs and Disability Tribunal (SENDIST) about an EHCP. They provide free, independent and impartial mediation to support discussions between you and your LA where communication may be difficult.

Although the process is voluntary, if you are intending on registering an appeal you must contact a mediation adviser before you do so. You do not need to go ahead with the process, but you are required to show that you have contacted a mediation adviser through a mediation certificate. The only time you do not need to do this is if you are lodging an appeal about the named school/college on the EHCP.

Top tip! A Tribunal hearing should be viewed as a last resort to address issues which can’t be agreed. If you’re in discussions with your Local Authority about resolving your concerns but are still unsure as to whether you may still go on to appeal, it is important to be mindful of the appeal deadline. If you do decide to appeal and it is late, it may not be accepted without good reason by SENDIST. To protect your right to appeal, you can always lodge a brief appeal and submit updated grounds later or withdraw the application if concerns are resolved informally.

What Next?

If you have read through this guide and still feel you would like to submit an appeal, then we have further information on our guide What is the appeals process for an EHCP?. If you would like to talk through your concerns further, we recommend you getting in touch with our Education Information Advice and Guidance Service who will be able to provide further information and advice.