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Resolving issues relating to EHCPs

We know that getting the right help for your child is not always easy, and there are times when you might not agree with a decision about your child's support, or are disappointed with the way the support is being delivered. 

On this page we set out the different options available to you to discuss any concerns you have relating to Education Health and Care Needs Assessments and Plans. This page is written primarily for parents and carers but if you're a young person over the age of 16, these options also apply to you.


How to contact the SEND team

For children attending school, the SENCo should be able to answer most queries about your child or young person's EHCP.  However, there may be times when you would like to talk to the EHC Coordinator, or a member of the SEND team. 

If you don't know who to contact at the SEND team, you'll find more information on our 'Who should I contact about my child's EHCP?' page. 

You can also call the SEND Duty Line on:

01442 453300

They will be able to help direct your call to the relevant duty line and help you to find out who your EHC Coordinator is. 

If you haven't heard back from your EHC Coordinator, you should contact their Team Lead, and after that, the Manager for their team.  You'll find contact details on the 'escalations' section of our 'Who should I contact about my child's EHCP' page. 

What if I don't agree with a decision?

If you're unhappy with a decision relating to your child's EHCP, there are various options open to you.

Information:

If you're unhappy with the decision not to assess, or not to issue an EHCP

Where possible, if your child is at school, your first step would be to discuss this with your SENCo.  They can ask for support from a SEND Implementation and Support Officer at the council.  

The SEND Implementation and Support Officers work with you and the school through an Implementation and Support Meeting to make sure additional needs are supported and that adaptations and reasonable adjustments are all in place.  If, through this, we receive additional information or concern about your child's needs, this will be taken back to the Local Multi Agency Panel and your request for assessment will be reconsidered.  SENCos can request support from this team by contacting the Ask SALI  advice line. 

If, after this, you're still unhappy with the decision, your options are set out in steps 1 - 3 below.

If you're unhappy with the provision detailed in your child's EHCP, or with the school named, your options are set out below: 

1. The SEND Resolution Team 

We have a dedicated SEND Resolution Team who are there to help resolve disagreements relating to a child or young person's EHCP. They will listen to your concerns, and work to resolve disagreements between you and the service. You can contact them at any time in the EHCP process: SENDResolutions@hertfordshire.gov.uk. 

2.  Disagreement resolution service

You could consider using the independent Disagreement Resolution Service if you still feel unhappy with the decisions made about your child's EHCP. This is an external service and offers a voluntary and confidential way to resolve disagreements.

3. Mediation and tribunals

Mediation is a type of resolution service for disagreements that can be appealed to the SEND tribunal (sometimes known as the First Tier Tribunal or SENDIST). To appeal to tribunal you must contact mediation first. It is a free and confidential service where an independent mediator manages the discussion to help you and the SEND team try to reach a resolution. If you're not happy with the outcome of mediation, then you will have an option to appeal to tribunal. 

What types of disagreements can be appealed to tribunal? 

The SEND Code of Practice says that parents and young people can appeal to the Tribunal about:

  • a decision by a local authority not to carry out an EHC needs assessment or re-assessment
  • a decision by a local authority that it is not necessary to issue an EHC plan following an assessment
  • the description of a child or young person’s SEN specified in an EHC plan
  • the special educational provision specified, the school or other institution or type of school or other institution (such as a mainstream school/college) specified in the plan or that no school or other institution is specified an amendment to these elements of the EHC plan
  • a decision by a local authority not to amend an EHC plan following a review or re-assessment a decision by a local authority to cease to maintain an EHC plan” (11.45)

You can find out more about appeals to the Tribunal in the SEND Code of Practice (sections 11.39 to 11.55). SENDIASS can explain the appeal process to you and provide impartial advice and support.  Further information can be found on the SENDIASS website.

For free and impartial advice on tribunals, you could contact the SENDIASS team, or take a look at the EHCP advice and information on the SENDIASS website.

Concerns about the way the provision in your child's EHC plan is being delivered  

If you feel that the school or setting is not carrying out the provision detailed in the EHCP, there are various options open to you:

1. Discuss with your SENCo or school 

If your child attends a school or educational setting, it's best to discuss any problems with your child’s teacher, SENCo, or head teacher first. They should be able to share details about the support that is being provided in order to reassure you. You might want to ask for more details about:

  • when the provision is being delivered
  • who is delivering it and how
  • whether the school has received additional funding to support your child, and how this is being spent

    SEND Implementation and Support Officers

    Your SENCo can contact a SEND Implementation and Support Officer (SISO) in the SEND team to ask for advice.  The SISO will work with you and the school to discuss your child's EHCP and provision, and to find solutions. 

2. EHC Coordinators

If your child is not attending school, or if you are unable to speak to a SENCo, you can contact your EHC Coordinator to discuss any concerns you have about the way the provision is being delivered.  If you don't know who your EHCCo is, you can find details on the 'Who should I contact about my child's EHCP page'.

3. SEND Resolution Team

If you are struggling to contact your SENCo or your EHCCo, or if after discussing the issue, you are still unhappy with the way your child's provision is being delivered, you can request that we investigate further by emailing sendresolutions@hertfordshire.gov.uk.

4. Formal complaints

After this, if you still feel that the provision is not being made as specified within the EHCP, you can make a formal complaint. 

Making a formal complaint

A complaint is a formal expression of unhappiness or dissatisfaction about the way you have been treated, or the service that you have received. 

If you are unhappy with a service, it is usually quicker to try and resolve the issue informally by following the steps detailed above. However, you have the right to make a formal complaint at any stage of the process. 

A formal complaint needs investigation and a formal response in writing. To make a formal complaint, you will need the relevant service's complaints procedure, which will tell you who is dealing with your complaint and how long it will take for you to receive a written response.

Make a formal complaint. 

Complaints about schools or health services

If your complaint is about a school or health service, you will need to follow their complaints procedure. More information about making a complaint about a school or health service.  

Who can support me to raise a concern or complaint?

    • POhWER offer advocacy and support services in Hertfordshire
    • SENDIASS are an impartial information, advice and support service for parents and carers of children with special educational needs and disabilities (SEND), and young people and children with SEND.
    • IPSEA offers free and independent advice about getting the right support for children and young people with SEND.
    • SOS!SEN supports families to get the right SEN provision for their child, and runs a free helpline.

  

Page was last updated on: 31/01/2025 16:13:01