What if I don't agree with the result of an assessment?
What if I don’t agree?
Below are details of what you can do if you are not happy with a decision made regarding your child as a result of a statutory assessment.
However, there are a number of ways you can help prevent problems or misunderstandings arising.
- Always speak to the school's Special Educational Needs Co-ordinator (SENCo) as soon as you have worries or concerns.
- Share all the information you have about your child with the school and other professionals involved.
- Always attend meetings about your child.
Local Authority Officer
If you disagree with the Local Authority (LA) on anything relating to a decision made either during or following a statutory assessment, you should contact the LA Officer named in the letter you received which included the decision as soon as possible.
Independent Parental Support
You could also contact SNAP Cymru who are the local independent parental support service. They are able to offer advice and support including attending meetings with you.
Their contact details are:
10 Coopers Yard
From a landline - Tel: 0845 1203730
From a mobile - Tel: 0345 1203730
Disagreement Resolution / Mediation
Sometimes it is difficult to reach agreement. The disagreement resolution service can help parents, schools, and the LA when there is a dispute about SEN provision.
Disagreement Resolution is free and independent of all parties including schools and the LA. It is totally confidential and is available when all sides want to reach an agreement and therefore resolve any disagreement. Disagreement resolution is provided by SNAP Cymru.
Special Educational Needs Tribunal
If you have chosen to go through the mediation process and are still unhappy, you have a right to appeal to the Special Educational Needs Tribunal For Wales. The Tribunal is independent and will consider appeals when parents disagree with the LA. You do not need to go through Disagreement Resolution before making an appeal to Tribunal although disputes can often be resolved before this course of action is taken.
An appeal can be made if:
- the LA refuses to carry out a statutory assessment of your child (unless a statutory assessment has been carried out in the past six months.)
- the LA refuses to make a Statement after a statutory assessment.
- you disagree with Part 2,3 or 4 of your child's Statement when the Statement is first issued or later changed.
- the LA refuses to carry out a statutory re-assessment.
- the LA decides to cease an existing statement.
There are strict guidelines for appealing to the Tribunal so that appeals do not delay any special help needed by a child.
An appeal has to be lodged by a parent within two months of the LA making its decision. If you do decide to appeal you should let your LA Officer know as soon as possible of your intention and continue to discuss your concerns.
Contact Details for the SEN Tribunal for Wales are:
Spa Road East
Tel: 01597 829800
Last Modified: 05/12/2018
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