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A.M. Phillips - Education Law

A Specialist Education Law Practice

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Tribunal Appeal

Sometimes it is not possible to reach an agreement with your Local Education Authority, or Library and Education Board (Northern Ireland) regarding your child's special educational needs.  At these times your right of Appeal to SENDIST (England), SENTW (Wales) or SEND (Northern Ireland) may be the only option available to you. If you live in Wales and wish to appeal please click here for further information relevant to SENTW.

If you are contemplating appealing then it is imperative to obtain expert legal advice to ensure that you have the best chance of securing the appropriate special educational needs provision for your child.  There are strict timescales within which you must appeal and the new tribunal regulations which came into effect in England in November 2008 have made the process of appealing more complex and legalistic for parents.  Many LEAs are routinely instructing Barristers to represent them at tribunal and therefore specialist legal advice is now more important than ever.

If any of the following apply then you will have the right of appeal.  If you would like to discuss matters further then please call to arrange a FREE initial telephone consultation.

  • The LEA has refused to undertake a EHC assessment of your child's special educational needs;
  • The LEA has completed a EHC assessment but has refused to issue a EHC Plan;
  • The LEA has issued a Finalised Statement and you are unhappy with parts 2 and 3 of the statement;
  • The LEA has issued a Finalised Statement and you are unhappy with the school named within part 4 of the statement;
  • The LEA has issued a Finalised Statement and you are unhappy with parts 2,3 & 4 of the statement;
  • The LEA has issued a EHCP and you are unhappy with Section B (description of child or young person's special educational needs and Section F (the special educational provision to meet the child or young person's needs);
  • The LEA has issued a EHCP and you are unhappy with Section I (placement);
  • The LEA has issued a EHCP and you are unhappy with Sections B, F and I of the EHCP;
  • The LEA has refused to change the name of the school named in part 4 of the statement or EHCP, within 8 weeks of your written parental request;
  • The LEA has completed an Annual Review and has refused to make any amendments to your child's statement (England);
  • The LEA has issued an Amended Statement following an Annual Review and you are unhappy with the changes that they have made;
  • The LEA has issued an amended EHCP following a review and you are unhappy with the changes that they have made;
  • The LEA wishes to Cease to Maintain your child's statement or EHCP;
  • The School or LEA has discriminated against your child and you wish to register a Disability Discrimination Appeal.

If you need help and advice on these, or any other matters relating to your child or young person's special educational needs, please call 029 2073 6329 to arrange your FREE initial telephone consultation or make an online enquiry by clicking here.