Parents and family members have the right to appeal any decision made by a local authority regarding an EHCP for the child with special educational needs and disabilities.
This appeals process starts with mediation and can then be handed to a Special Educational Needs and Disability Tribunal (SENDIST).
But what happens when parents are still not satisfied with the final outcome after the tribunal process? Can a SENDIST decision be appealed further?
The short answer is yes, but only in very specific circumstances.
The fact is, the combined process of mediation and lengthy subsequent review by SENDIST gathers an exhaustive amount of information, evidence and opinions, all of which should, in theory, strictly follow the law.
However, the decision can be appealed further in cases where:
- There may be an error in the law or interpretations of the law
- The decision was rendered with inadequate reasoning or is deemed to be biased
In both of these scenarios, parents are advised to seek specialist legal help from a SEN lawyer experienced in this complex legal area.
The majority of SENDIST decision appeals involve the first case – in that the law has been applied incorrectly (the other case is usually very difficult to prove).
This further increases the need to engage a legal professional, who will be able to assist you and look over all aspects of the SENDIST decision in terms of how to follow the correct provisions of of the law.