How to resolve SEND Support disagreements with education settings or other services.
Disagreements
Sometimes families, schools, health services and Bristol City Council have different views about what support a child or young person needs.
Disagreeing with a decision does not mean you're being difficult.
Many disagreements can be resolved through discussion and by sharing information. However, there are formal options available if concerns cannot be resolved.
Where possible, it's helpful to discuss concerns with the people involved first.
This might include:
- your child's nursery, school or college
- Bristol City Council SEND Team
- health services
- social care services
Sometimes a conversation first can help clarify misunderstandings or identify solutions.
Disagreement resolution
If concerns cannot be resolved through a discussion, you can use the independent disagreement resolution service. Information about the service and how to access it will be in your Education, Health and Care Plan letter or Education, Health and Care Needs Assessment letter.
The service is available for disagreements involving:
- education
- health services
- social care services
The service is voluntary and all parties must agree to take part. The aim is to help people reach an agreement without needing a formal appeal.
Mediation
Mediation is a free and independent service.
A trained mediator helps families discuss their concerns with us and explore possible solutions. The mediator:
- does not take sides
- does not make decisions
- helps everyone have their say
Many disagreements can be resolved through mediation.
Information about the mediation service and how to access it will be in your Education, Health and Care Plan letter or Education, Health and Care Needs Assessment letter.
Appeal to the SEND Tribunal
You may have the right to appeal to the SEND Tribunal if we have:
- refused to carry out an Education, Health and Care Needs Assessment (EHCNA)
- refused to issue an Education, Health and Care Plan (EHCP) following an assessment
- refused to reassess a child or young person's needs
- decided not to amend an EHCP
- ended an EHCP
- issued an EHCP but you disagree with parts of it
What the tribunal can consider
Depending on the appeal, the tribunal may consider:
- special educational needs
- special educational provision
- outcomes
- the school or setting named in the EHCP
Before you make an appeal
In many cases, you'll need to contact a mediation adviser before registering an appeal. This does not mean you must attend mediation. The mediation adviser will explain your options and provide information about the next steps.
There are some situations where mediation advice is not required, for example you do no not mediation when appealing about the school or setting named in an EHCP.
Our decision letters will include information about this as well as how to contact a mediation advisor.
How long you have to appeal
For most appeals, the SEND Tribunal must receive your appeal by no later than:
- 2 months from the date on the council's decision letter
- 1 month from the date on your mediation certificate
Make a complaint
If your concern is about how a service has acted, rather than a SEND decision itself, you may wish to use the organisation's complaints procedure.
This could include complaints about:
- schools
- health services
- social care services
You'll need to contact the organisation involved for their complaints procedure.
For complaints about Bristol City Council, visit our education services complaints and feedback page.
Advice and support
You do not have to navigate disagreements or appeals on your own.
- Bristol Parent Carers is a charity run by parent carers of children with special educational needs and disabilities (SEND). They support all families, regardless of their child's type of need or diagnosis status.
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SEND And You (SAY) is Bristol's SEND Information, Advice and Support Service. They provide free, confidential and impartial information, advice and support for parent carers and young people about SEND law, rights and processes.
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Bristol City Council SEND Team can help with questions. You can email the team at sen@bristol.gov.uk. Please take note of our waiting times which are explained on our Education, Health and Care Needs Assessment improvement plan page.
