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28 November 2009
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Who can help with problems with statements of SEN?

Getting a statement: who can help?

Going through the statementing process takes time. It's complicated, and it can often be stressful and emotional. Your LEA will provide independent support and disagreement resolution services to help you if you need them.

  • Parent Partnership Services provide support, information and advice. They help parents to make informed decisions about their children's education. The service will not take sides. If you need an independent supporter, they should provide one. For contact details, see www.parentpartnership.org.uk.
  • Disagreement Resolution Services are an additional service, organised regionally, which you can use if you want to. The service will provide an informal way of sorting out disagreements between parents, the LEA and the school. Using this service doesn't affect your rights to appeal to the SEN tribunal.

Appeals to the SEN and Disability Tribunal

If the LEA decides not to issue a statement and you want to appeal, or your child has a statement but you don't think it's meeting her needs, under certain circumstances you can appeal to the SEN and Disability Tribunal.

The Tribunal is an independent body which hears parents' appeals against LEA decisions on statutory assessments and statements. It is based in London, but appeals outside the South East are heard locally. It is made up of three people: the chairperson (a lawyer) and two others who will have experience of SEN.

You can go to a Tribunal hearing on your own. Alternatively, you can ask a voluntary organisation or parents' group to help you prepare your case and go with you.

The Tribunal will look at all the evidence and make a final decision. They will consider how the LEA's actions compare to the guidance set out in the Code of Practice (you can find out more on the Code of Practice in What are statements of SEN and the Code of Practice?). Although an LEA may not have followed the Code it won't always mean their decision was wrong, but if they have not, the Tribunal will expect the LEA to explain why they haven't followed it.

For details about when and how to appeal, see www.parentscentre.gov.uk.

My child has a statement but isn't getting the support it says she needs

The first step is to contact the school to find out why. It may be a temporary problem to do with staff absence or equipment breaking down. However, if you're not satisfied with the reasons given you need to contact the DfES Special Educational Needs and Disability Division. Visit www.teachernet.gov.uk for more details.

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