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What if I do not agree with decisions about SEN Provision

Do I have to choose between making a complaint, using disagreement resolution, appealing to the Tribunal and mediation?

Usually you can follow more than one route. For example you can still make a complaint if you have already tried disagreement resolution. Norfolk SEND Partnership IASS can explain your rights and the different procedures.

Seeking further help

If you disagree with how the Local Authority has acted and would like to make a complaint you can contact them on 0344 800 8020 or visit www.norfolk.gov.uk.

The Local Government Ombudsman (LGO) investigates complaints which have not been resolved by the Local Authority complaints procedure, and consider if correct actions and procedures have been followed. In most cases there is an expectation that you will have followed the Local Authority complaints procedure first before going to the LGO. If the case is serious and the child is missing education then LGO may start assessing before going to the Local Authority. See The SEND Code of Practice 11.89.

If the LGO finds the Local Authority is at fault they can ask them to reconsider and made recommendations. These recommendations can include compensation or an apology. The Local Authority does not have to carry out the recommendations, but they usually do.

Parents and young people can apply to have their concerns taking to Judicial Review (High Court). It will be considered how the Local Authority and public bodies have carried out duties for example: how decisions were made in an EHCP or failure to provide provision outlined in the EHCP.

The costs of going to Judicial Review can be very high if a case goes ahead. You may be able to obtain funding through legal aid.

Check if you are eligible for legal aid www.gov.uk/check-legal-aid

Norfolk SEND Partnership IASS can offer impartial information and advice about possible ways forward and tell you about local or national groups that provide relevant support.

 

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