You can appeal to the Special Educational Needs and Disability Tribunal if you disagree with our decisions about your child's special educational needs, and the disagreement hasn't been resolved by disagreement resolution or mediation.
Although we agree with parents on most SEN issues, there may be times where a disagreement arises.
We aim to make decisions about provision for children and young people with SEN and disabilities as soon as possible.
We also aim to make decisions jointly with children, young people and their parents.
Resolving disagreements
Disagreement resolution is free, confidential and aims to resolve any disagreements in a quick, informal way using a neutral person (a mediator).
Meetings are held in a safe, neutral environment that allows for both parties to be listened to and understood.
Disagreement resolution and mediation are positive ways of resolving disagreements for parents and carers of children with special educational needs and disabilities, us, and their school when there is a disagreement about how best to meet their child’s need.
You have a right to access an independent service to try to resolve disagreements and can arrange for independent SEN mediation.
Disagreement resolution consists of an independent facilitator bringing together all parties to seek to resolve disagreements through discussion. You can take someone with you if you wish.
Contact the Independent Disagreement Resolution and Mediation service for Lambeth:
KIDS London SEN Mediation Service
Telephone: 020 7520 0405
Email: enquiries.london@kids.org.uk
Visit the KIDS London SEN Mediation Service website
You can also contact Lambeth Information Advice Support Service for neutral information and support.
If you are involved in resolving a dispute, this does not affect your right to appeal to the Lambeth SEN and Disability Tribunal.
Mediation before making an appeal
Mediation applies where parents and young people wish to make an appeal to the Special Educational Needs and Disability Tribunal.
Parents and young people should consider mediation before submitting their appeal to the Tribunal in the hope that a disagreement can be resolved quickly and amicably.
The aim of mediation is to reach an agreement that helps everyone to move on.
The mediation meeting is led by an independent person (the mediator) who will support discussion and make sure everyone is treated fairly. The mediator is neutral so does not take sides of put-forward discussions or possible solutions.
The parties (the authority and the family or young person) are in control of the outcome. The mediation process helps them to reach an agreement that is acceptable to everyone.
Making an appeal if an agreement isn’t reached
You can appeal to the Special Educational Needs and Disability Tribunal if you disagree with our decisions about your child's special educational needs, and the disagreement hasn't been resolved by disagreement resolution or mediation.
For example, we may not agree that your child needs extra support in the classroom to help them with learning difficulties.
You usually have to appeal to the tribunal within two months of getting our decision letter.
You can contact us to talk about appeals and tribunals:
- Call us on 020 7926 9460 and 020 7926 7754.
- Email us at sendsupport@lambeth.gov.uk.
Appeals against our decisions no longer go to the High Court, but to the 'First-Tier Tribunal' of the British Court System.
To find out more about the process and how to appeal, contact:
HM Courts & Tribunal Service
Special Educational Needs and Disability Tribunal
Telephone: 01325 289 350
Email: sendistqueries@hmcts.gsi.gov.uk
Visit the SEND Tribunal website
SEND Tribunal national trial for single route of redress
What is the national trial?
In 2018, the government gave SEND Tribunals the power to make non-binding recommendations about the health and social care aspects of education, health and care plans (EHCPs). At first this was part of a 2 year trial that was meant to end in August 2020. Due to COVID, the government extended the trial until 31 August 2021.
Ministerial decision on the outcome of the National Trial
On 20 July 2021, the Department for Education (DfE) confirmed that those extended powers should continue. If you want to know more about the trial, follow the path below.