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When can I appeal to the Tribunal?   Back to First Page   
What can I appeal about?

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


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


You can also appeal if the LEA:
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 LEA maintained school - one funded by the LEA)
Refuses to reassess your child's special educational needs if the LEA has not made a new assessment for at least 6 months
Decides not to maintain (decides to cancel) your child's statement
Decides not to change the statement after reassessing your child

You cannot appeal to the Tribunal for:
The LEA'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
About the way the LEA carried out the assessment, or the length of time it took
About how the LEA is arranging to provide the help set out in your child's statement
About the way the school is meeting your child's needs
About the description in parts 5 and 6 of the statement of your child's non-educational needs or how the LEA plans to meet those needs
If the LEA will not amend the statement after a yearly review

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 LEA decision, you should contact your caseworker or PESO as early as possible.

The LEA feels it is very important to work in partnership with parents and for all parents to be able to share their views openly and will try to reach an agreement wherever possible.

 

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