Where can I get help if I am not happy with a service?

:#: Where do I go if I am not happy with a service? :#:

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Complaints procedure

Parent/carers and young people aged 0- 25 have the following rights of redress, should the educational setting, Board of Governors or Local Authority fail in their duty to provide, if the parent or young person disagrees with a decision or feels that there is discriminatory practice. The first step would always be for parent/carers to talk to their child’s setting and try to resolve things with the people working with their child. If this does not resolve the issue we encourage parent/carers to contact SENDIASS. SENDIASS are arms length and provide information, advice and support to children and young people who have, or may have, special educational needs and disabilities 0-25 years, and their parents/carers.

The procedures for complaints are as follows:

  • Talk to staff working with your child
  • Follow the setting's complaints procedure
  • Contact SENDIASS
  • Talk to the Local Authority’s SEN team (LA schools) or Academy Trust (Academies)
  • Follow the Local Authority’s complaints procedure – ‘Have Your Say’
  • Access the offer of mediation with KIDS – details available through SENDIASS
  • Consider a claim against the responsible body (Chair of Governors or Local Authority) for disability discrimination to the First Tier Tribunal
  • Contact the Local Authority Ombudsman (Schools and LA) or Ofsted.

 

We always want to work with you to resolve any concerns you may have through discussions with your SEN Designated Officer and/or YORK SEND Information, Advice and Support Service (SENDIASS).

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:#: I am unhappy with a child's Education, Health and Care Plan. Who can I talk to? :#:

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If you would like to discuss any decision relating to an Education, Health and Care PLAN and particularly if you have any concerns please contact your SENDO on 01904 554320, we can talk either over the telephone or I can meet with you if you wish.  If you would prefer to discuss any concerns with an independent adviser please contact YORK SEND Information, Advice and Support Service (SENDIASS), this service is FREE.  You can contact them by telephone 01904 554312, email: yorksendiass@york.gov.uk .  They can also put you in touch with the Disagreement Resolution Service at any time and this does not affect your right of appeal to SEN Tribunal.

 

You have a right to appeal to SEN Tribunal; however before you register an appeal you must contact a mediation adviser to discuss whether mediation might be a way of resolving the disagreement. Entering into mediation does not affect your right of appeal to SEN Tribunal.  

 

The mediation service is currently provided by KIDS, 249 Birmingham Road, Sutton Coldfield, West Midlands B72 1EA

Tel: 03330 062 835 email: senmediation@kids.org.uk  

 

If after discussions with KIDS you decide to have mediation then they will inform the local authority of your decision, the mediation must then take place within 30 days. If mediation does not lead to complete agreement or you decide not to go to mediation then KIDS must issue you with a certificate within three days confirming that it has concluded.  You must send the certificate to the Tribunal when registering your appeal.  SENDIASS can support you throughout this process please contact them on 01904 554312.

 

Please note that you only have 2 months from the date of receiving your child’s final EHCP, or 1 month of receiving the certificate, whichever is the later date, to lodge an appeal to SEN Tribunal.

 

The contact details of the Tribunal is HM Courts & Tribunals Service, Special Educational Needs & Disability Tribunal, 1st Floor, Darlington Magistrates’ Court, Parkgate, Darlington DL1 1RU.  Telephone number: 01325 289350.

 

The Government are extending the powers of the First-tier Tribunal (SEND), sometimes referred to as the ‘SEND Tribunal’, to make non-binding recommendations about the health and social care aspects of Education, Health and Care (EHC) plans as part of a two-year trial the ‘singel route of redress’. The trial will apply to decisions made or EHC plans issued/amended from 3 April 2018. 

 

To date, you have only been able to appeal the educational aspects of EHC plans.  The trial gives you new rights to request recommendations about the health and social care needs and provision specified in EHC plans, in addition to the educational aspects, when making a SEND appeal.  This gives you the opportunity to raise all your concerns about an EHC plan in one place.

 

It is only possible for the Tribunal to consider the health and/or social care aspects of the EHC plan where you are already making an appeal in relation to the education aspects of the EHC plan and the education aspect must remain live throughout the appeal.

 

You can ask the Tribunal to make non-binding recommendations on health and/or social care aspects of EHC plans as part of an appeal relating to:

 

  • A decision by the local authority not to issue an EHC plan
  • A decision by the local authority not to carry out a re-assessment for a child/young person who has an EHC plan
  • A decision by the local authority not to amend an EHC plan following a review or re-assessment
  • A decision by the local authority to cease to maintain an EHC plan
  • The description of the child/young person’s special educational needs in an EHC plan
  • The special educational provision specified in an EHC plan
  • The school or other educational institution named in an EHC plan

 

If you wish to appeal against a local authority decision on any of the grounds above and want to request that the Tribunal considers your concerns about the health and /or social care aspects of the EHC plan, you should follow the normal process for bringing an appeal to the Tribunal and tick the box on the form relating to a health and/or social care appeal. Advice on making SEND appeals to the Tribunal is available from the GOV.UK website.

 

There will be an independent evaluation of the trial to inform a decision on whether the new tribunal recommendation powers should be continued after the trial. It is important that the evaluation is based on robust evidence, and the evaluators are therefore strongly encouraging participation from parents and young people through telephone or online interviews. Parents and young people that take part in the trial will receive a letter from the Tribunal explaining more about the evaluation and how their personal data will be stored confidentially and how it will be protected.

  • If you have any concerns whatsoever, you may wish to get independent advice and support from YORK SEND Information, Advice and Support Service on 01904 554312.  They can also put you in contact with the Independent Dispute Resolution and Mediation Service. This service is set up to help resolve any disagreements which arise between yourself and the Local Authority.
  • If you wish to lodge an appeal to the SEN and Disability (First Tier) Tribunal following contact with the above mentioned services, you should do so within 2 months of receiving this Education, Health & Care Plan. The contact details of the Tribunal is HM Courts & Tribunals Service, Special Educational Needs & Disability Tribunal, 1st Floor, Darlington Magistrates’ Court, Parkgate, Darlington DL1 1RU.  Telephone number: 01325 289350.

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Speak Up Service

Speak Up is York's Children's Rights and Advocacy Service and is here to help you understand your rights, and to provide you with help and support on anything and everything to do with being in care.

 

York Advocacy

If you're aged 18 and over, York Advocacy can support you to make sure your voice is heard, and to speak out on your behalf.

For information regarding Mediation, follow this link to the Kids website for general information about mediation and here for regional mediation information.

 

Related pages

 

York Family Information Service and Information Service for Young People

01904 554444 / 01904 555400

fis@york.gov.uk

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