1. Check the timelines. There are clear timelines for the Local Authority to issue a decision. If you have asked for a needs assessment they need to send this to you by a maximum of 16 weeks. If they have agreed to draft an EHCP, that draft should be issued within 16 weeks of the assessment. Once the draft has been agreed they have to issue the final EHCP within a further 4 weeks: overall the EHCP should be issued by a maximum of 20 weeks from the date they agree to assess. Here is a helpful fact sheet with more detail. 

Whenever you receive a decision from the local authority, you will be sent a document that tells you about your Right of Appeal. However at our recent Share to Care meeting, it was clear that not all parents understood the options available to them if they do not agree with a decision made by the local authority. Here is a guide to the steps involved if you want to appeal

2. Check the date The date of the decision letter is important whether it is regards to the needs assessment or an EHCP that  has been issued, you have two months from the date of the letter to put in an appeal You can appeal any decision including the EHCP finalised and after the annual review.

3. Consider mediation Before putting in an appeal which will issue you with a tribunal date, you will need to speak to KIDS SEN Mediation who provide the pan-London mediation service. You will need to attend a meeting (on the phone) so that mediation is explained. Once you have attended the meeting, you can decide if you wish to mediate. This leaflet produced by the service explains the benefits of mediation. Whether or not you decide to go to mediation, you have to go through this initial process and be issued with a mediation certificate before you can launch any appeal

4. Seek help if you want

There are a number of places you may wish to seek help if you wish to challenge a decision. This can be useful whether you are going to mediation and/or you decide to appeal

• SENDIASS is a free service that you can access for advice and information and can support you by phone and email – linked here is their website can give you more information about the services available 
• There are a number of courses run by IPSEA so that parent/carers can understand the law: https://www.ipsea.org.uk/Pages/Category/training-for-parents-and-carers
• There is a free helpline from SOSSEN! who help parents with these legal matters. We previously ran a series of events with Eleanor Wright from this charity.Catch up on her useful seminars here https://kingstonpcf.co.uk/events/
• There are also a number of other charities who run helplines and can provide general advice.(for example the National Autistic Society)
• There are legal books available from the Kingston Parent/Carer forum – email us if you wish to borrow these
• You can employ a legal professional: if you search for Education Advocate you will find a number of advocates work in this area – they can support you to put paperwork together, advise you next steps and write appeals and even attend the tribunal with you.