SEND Resources

The SEND code of practice outlines the statutory obligations of local councils and the legislation for SEND appeals.

It is a comprehensive document that details the legislation and legal framework for the process of applying for an EHCP from start to finish, and not just the appeals process.

 

Our handy appeals flowchart gives an overview of the SEND appeals process from the point of contact with Releasing Potential Mediation.

The diagram shows the possible outcomes of a mediation request and/or a mediation meeting.

Our leaflet is available to download here in PDF format.

It explains a little about who we are, what we do, and how to contact us, and can be printed or emailed should you wish to alert other people to our services. If you would like a hard copy to be posted to you, please ask one of our mediation team.

The mediation preparation document is not compulsory, but some parents like to use it to help them prepare. It encourages parties to reflect on what they would like to achieve from the meeting, and can provide a helpful resource for those who would benefit from having a written record of their thoughts and concerns to hand.

The Agreement to Mediate is signed by all parties at a SEND mediation. It is the basic framework outlining the expectations of attendees to mediation. A copy is sent to both the parents and the Local Authority representative prior to mediation so that all parties can read and understand its contents in full before the mediation takes place.

A SEND 35 form can be completed by a parent, carer or young person. It should be used to appeal a decision about a young person’s EHCP taken by the Local Authority. If you are appealing a Local Authority’s refusal to assess for an EHCP, you will need to use a SEND 35A form instead.

A SEND35A form is an appeal form.

It must be completed by a parent, carer or young person appealing to the tribunal against a refusal to assess for an EHCP (for a child of or under statutory school age).

The SEND 36 form gives information about the current First Tier SEND National Trial. This is a national trial giving the SEND tribunal the power to make Health & Social Care recommendations in relation to a child or young person’s Educational Health Care Plan.

The SEND37 form explains the appeals process and outlines the steps parents/carers/young people need to take when appealing decisions made by their Local Authority.

A SEND 4A form can be used if a parent or carer is claiming that a Local Authority has discriminated against a child or young person in a decision about an Education health Care Plan (EHCP) on the basis of a child or young person’s disability.

A SEND 4B form can be used if a young person is claiming that a Local Authority has discriminated against them in a decision about an Educational Health Care Plan (EHCP) on the basis of their disability.