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What if we cannot agree?
When can I appeal to the Tribunal?   Back to First Page   
What can I appeal about?

You can appeal to SEND if the LA:
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 Will not carry out a formal assessment of your child's special educational needs
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 Refuses to issue a statement of your child's special educational needs


If the LA has made a statement or has changed a previous statement, you can appeal against:
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 The parts which describe your child's special educational needs (part 2) and set out the special educational help (part 3) that the LA think your child should get
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 The school named in part 4 of the statement
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 The LA not naming a school in part 4


You can also appeal if the LA:
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 Refuses to change the school named in your child's statement, if that statement is at least a year old (but you can only ask for an LA maintained school - one funded by the LA)
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 Refuses to reassess your child's special educational needs if the LA has not made a new assessment for at least 6 months
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 Decides not to maintain (decides to cancel) your child's statement
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 Decides not to change the statement after reassessing your child, or after an annual review

You cannot appeal to the Tribunal:
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 Aggainst the LA's refusal to name an independent or non-maintained school when you asked for a change in a statement which was at least a year old
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 About the way the LA carried out the assessment, or the length of time it took
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 About how the LA is arranging to provide the help set out in your child's statement
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 About the way the school is meeting your child's needs
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 About the description in parts 5 and 6 of the statement of your child's non-educational needs or how the LA plans to meet those needs


However there may be other ways of taking your concerns further. Please phone us for advice and support.

The Tribunal may not be able to consider an appeal if your child is over 16 and not on the roll of a school. They will not be able to consider an appeal if your child has left school and is going to a further or higher education college.

Please remember that if you do disagree with an LA decision, you should contact your caseworker as early as possible.

The LA should be welcoming, easy to contact and value the views and involvement of parents.

Information should be available in other languages or formats on request.

 

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