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Appealing a decision made by the LA or making a complaint

Appealing a decision made by the LA as a young person

To appeal a decision made by the LA, you must be over 16 and have left secondary school but be under 25. You must also be either:

  • in education, for example at a sixth form or college - or trying to get into one
  • taking part in an apprenticeship, internship or workplace scheme - or trying to get into one

You cannot appeal if you’re studying at university, or trying to get into one.

The tribunal must receive your appeal within 2 months of the date on the local authority’s decision letter or a month from the date of the mediation certificate - whichever is later. 

You can allow your parent or carer to handle any appeal you wish to make for you. If you choose to appeal yourself, Hampshire SENDIASS can help you do this. 

What happens if you don’t agree with a decision about your EHC plan?

Sometimes you and your school or the council might not agree about your Education, Health and Care (EHC) plan. There are ways to try and fix this.

Talk it through first
Most problems can be solved by talking to your school, college, or the LA (Hampshire County Council). But if that doesn’t work, there are other steps.

Mediation – a meeting to help everyone agree

  • Mediation is a meeting where a person called a mediator helps you and the council talk and try to agree.
  • The mediator is fair and does not work for the council or your school.
  • Mediation is free and you don’t have to do it if you don’t want to.
  • You can bring someone with you, like a parent, carer, or friend.

What can you go to mediation about?

  • The council says no to checking your needs (an assessment).
  • The council says no to making an EHC plan.
  • The council won’t change your plan after a review.
  • The council wants to stop your plan.
    You can also appeal about what’s written in your plan, like:
  • Your special needs (Section B).
  • The help you should get (Section F).
  • The school or college named in your plan (Section I).

Do I have to go to mediation?

  • If you want to appeal about most things, you must talk to a mediation adviser first. The law says you must consider mediation only. You do not have to go to mediation if you do not want to but it is usually a good idea to try mediation before appealing.
  • If you only want to appeal about the school named in your plan, you don’t need to consider mediation.

How long do I have to go to mediation?

You must contact the mediation adviser within 2 months of the council’s letter about their decision.

How do I find out more about mediation?

The mediation company in Hampshire is called Global Mediation. They are free to use. 

You can contact them by filling in their contact form. If you prefer you can call them on 020 8441 1355 or e-mail them on send@globalmediation.co.uk. 

Tips for mediation:

  • Send anything you want the LA to read to Global Mediation before the meeting so everyone can make sure they read it
  • Bring copies of important papers with you.
  • Make a list of what you want to talk about.
  • Ask questions if you don’t understand something.
  • Give your views in any way that suits you. You can write a statement someone else can read, make a video, record yourself talking or draw a picture or diagram to help people understand you better. People will work with however you feel most confident to share how you feel and what you think.

What happens if you don’t agree with a decision about your EHC plan?

Sometimes you and your school or the council might not agree about your Education, Health and Care (EHC) plan. There are ways to try and fix this.

Talk it through first
Most problems can be solved by talking to your school, college, or the LA (Hampshire County Council). But if that doesn’t work, there are other steps.

Mediation – a meeting to help everyone agree

  • Mediation is a meeting where a person called a mediator helps you and the council talk and try to agree.
  • The mediator is fair and does not work for the council or your school.
  • Mediation is free and you don’t have to do it if you don’t want to.
  • You can bring someone with you, like a parent, carer, or friend.

What can you go to mediation about?

  • The council says no to checking your needs (an assessment).
  • The council says no to making an EHC plan.
  • The council won’t change your plan after a review.
  • The council wants to stop your plan.
    You can also appeal about what’s written in your plan, like:
  • Your special needs (Section B).
  • The help you should get (Section F).
  • The school or college named in your plan (Section I).

Do I have to go to mediation?

  • If you want to appeal about most things, you must talk to a mediation adviser first. The law says you must consider mediation only. You do not have to go to mediation if you do not want to but it is usually a good idea to try mediation before appealing.
  • If you only want to appeal about the school named in your plan, you don’t need to consider mediation.

How long do I have to go to mediation?

You must contact the mediation adviser within 2 months of the council’s letter about their decision.

How do I find out more about mediation?

The mediation company in Hampshire is called Global Mediation. They are free to use. 

You can contact them by filling in their contact form. If you prefer you can call them on 020 8441 1355 or e-mail them on send@globalmediation.co.uk. 

Tips for mediation:

  • Send anything you want the LA to read to Global Mediation before the meeting so everyone can make sure they read it
  • Bring copies of important papers with you.
  • Make a list of what you want to talk about.
  • Ask questions if you don’t understand something.
  • Give your views in any way that suits you. You can write a statement someone else can read, make a video, record yourself talking or draw a picture or diagram to help people understand you better. People will work with however you feel most confident to share how you feel and what you think.

Hampshire SENDIASS can offer impartial information advice and support about making an appeal and preparing your case.

For more information on what Information Advice and Support Services offer watch the video.

After mediation

If you try mediation and it doesn’t work, or you decide not to do it, you will get e-mailed a certificate.

You need this certificate to lodge your appeal with the Tribunal (a group of people, including a judge, who make a final decision).

Time limits

You must lodge your appeal with the Tribunal service within 2 months of the council’s letter or 1 month after your mediation certificate – whichever is later.

Single Route of Redress

Before, the Tribunal only checked decisions about your education. Now, it can also look at health and social care problems. This is called the Single Route of Redress. You can only the tribunal about health or social care issues if you are already asking about something in your Education, Health and Care (EHC) plan.

How do you ask the tribunal to look at health or social care issues?

When you fill in the SEND35 form, tick the box to say you want the Tribunal to look at health and/or social care too.

Will they make changes?

The Tribunal can suggest changes for health or social care, but these are only recommendations. The NHS and social services do not have to agree to these recommendations but they are expected to do their best to implement them.

What happens after you lodge an appeal?

  • It can take a long time before your appeal is heard, sometimes a year or more.
  • You and the council will talk to the Tribunal about your case while you wait for your appeal date and to each other. If they can, the LA will come to an agreement with you.
  • After the hearing, you’ll get a letter in about 10 working days from the tribunal service with the judge’s decision and reasons.

How will the hearing happen?

Most hearings are online by video call, but you can ask for a face-to-face meeting.

You can:

  • Come to the hearing yourself speak to the judge
  • Have someone speak for you at the tribunal
  • Write or record what you want to say so the judge knows your thoughts but not attend.

Your thoughts and wishes are really important and everyone will work with you to make sure you can express how you feel and what you want.

Further information about tribunals.

Hampshire SENDIASS can offer impartial information advice and support about making an appeal and preparing your case.

For more information on what Information Advice and Support Services offer watch the video.

After mediation

If you try mediation and it doesn’t work, or you decide not to do it, you will get e-mailed a certificate.

You need this certificate to lodge your appeal with the Tribunal (a group of people, including a judge, who make a final decision).

Time limits

You must lodge your appeal with the Tribunal service within 2 months of the council’s letter or 1 month after your mediation certificate – whichever is later.

Single Route of Redress

Before, the Tribunal only checked decisions about your education. Now, it can also look at health and social care problems. This is called the Single Route of Redress. You can only the tribunal about health or social care issues if you are already asking about something in your Education, Health and Care (EHC) plan.

How do you ask the tribunal to look at health or social care issues?

When you fill in the SEND35 form, tick the box to say you want the Tribunal to look at health and/or social care too.

Will they make changes?

The Tribunal can suggest changes for health or social care, but these are only recommendations. The NHS and social services do not have to agree to these recommendations but they are expected to do their best to implement them.

What happens after you lodge an appeal?

  • It can take a long time before your appeal is heard, sometimes a year or more.
  • You and the council will talk to the Tribunal about your case while you wait for your appeal date and to each other. If they can, the LA will come to an agreement with you.
  • After the hearing, you’ll get a letter in about 10 working days from the tribunal service with the judge’s decision and reasons.

How will the hearing happen?

Most hearings are online by video call, but you can ask for a face-to-face meeting.

You can:

  • Come to the hearing yourself speak to the judge
  • Have someone speak for you at the tribunal
  • Write or record what you want to say so the judge knows your thoughts but not attend.

Your thoughts and wishes are really important and everyone will work with you to make sure you can express how you feel and what you want.

Further information about tribunals.

If you’re worried about something that the LA is responsible for, talk to someone about it as soon as you can. If you have an EHCP, you will have an EHC needs co-ordinator who you can contact. If the complaint is about something else, ask a teacher, parent or carer who you need to talk to. If talking to that person doesn’t help, you can ask speak to their boss. Most problems get fixed quickly when you do this.

If having a conversation does not help, you can make a formal complaint.

How to Make a Complaint

  1. Think first: Is complaining to the Local Authority (LA) the right thing?
  • Maybe you should appeal to the SEND tribunal instead.
  • Or maybe you need to complain to your school or college, not the LA.
  • A teacher, a parent or carer or Hampshire SENDIASS can help you decide if a complaint to the LA is the right thing.
  1. Don’t wait too long:
  • Complain as soon as you can. It’s easier to remember what happened and it makes it easier for us to investigate.
  • You can only complain about things that happened in the last year.
  1. Say it’s a complaint:
  • At the top of your letter or email, write: “This is a complaint.”
  • Get proof it was received (like a receipt or email reply).
  • Write down the date and time you sent it.
  1. Keep it short and clear:
  • Tell the important points only.
  • Put things in order (by time or topic).
  • Don’t talk about old stuff—only what happened in the last year.
  • Don’t use lots of colours, big letters, or too many exclamation marks.
  1. Sending proof:
  • Proof means something that shows you’re telling the truth.
  • Normally we will already be able to see what has happened on our own records so don't worry too much about sending proof but if you have emails or documents that you don't think we have already, you can send these to us.
  • Send copies, not originals. Keep your own copies safe.
  1. What to write in your complaint:
  • Say what went wrong.
  • Explain how this has affected you.
  • Suggest what we can do to fix it (like an apology or doing something we promised).
  • Be polite—even if you’re upset.

To make a complaint please complete the Children's Services complaints form. If you need help completing the complaints form, an adult can help you or you can contact Hampshire SENDIASS for support.

If you’re worried about something that the LA is responsible for, talk to someone about it as soon as you can. If you have an EHCP, you will have an EHC needs co-ordinator who you can contact. If the complaint is about something else, ask a teacher, parent or carer who you need to talk to. If talking to that person doesn’t help, you can ask speak to their boss. Most problems get fixed quickly when you do this.

If having a conversation does not help, you can make a formal complaint.

How to Make a Complaint

  1. Think first: Is complaining to the Local Authority (LA) the right thing?
  • Maybe you should appeal to the SEND tribunal instead.
  • Or maybe you need to complain to your school or college, not the LA.
  • A teacher, a parent or carer or Hampshire SENDIASS can help you decide if a complaint to the LA is the right thing.
  1. Don’t wait too long:
  • Complain as soon as you can. It’s easier to remember what happened and it makes it easier for us to investigate.
  • You can only complain about things that happened in the last year.
  1. Say it’s a complaint:
  • At the top of your letter or email, write: “This is a complaint.”
  • Get proof it was received (like a receipt or email reply).
  • Write down the date and time you sent it.
  1. Keep it short and clear:
  • Tell the important points only.
  • Put things in order (by time or topic).
  • Don’t talk about old stuff—only what happened in the last year.
  • Don’t use lots of colours, big letters, or too many exclamation marks.
  1. Sending proof:
  • Proof means something that shows you’re telling the truth.
  • Normally we will already be able to see what has happened on our own records so don't worry too much about sending proof but if you have emails or documents that you don't think we have already, you can send these to us.
  • Send copies, not originals. Keep your own copies safe.
  1. What to write in your complaint:
  • Say what went wrong.
  • Explain how this has affected you.
  • Suggest what we can do to fix it (like an apology or doing something we promised).
  • Be polite—even if you’re upset.

To make a complaint please complete the Children's Services complaints form. If you need help completing the complaints form, an adult can help you or you can contact Hampshire SENDIASS for support.