Legislation gives you the right of appeal to the Special Educational Needs and Disability Tribunal (the “Tribunal” or “SENDIST”) in instances where you cannot reach agreement with the Board about your child’s special educational needs.
You can appeal to the Tribunal if the Board:
- decides not to carry out a formal assessment of your child’s SEN but only if no assessment has been carried out within the previous 6 months; or
- decided not to issue a Statement of your child’s SEN after making a formal assessment.
If the Board has made an assessment of your child’s SEN or has changed a previous Statement, you can appeal against:
- the description in part 2 of the of the statement of your child’s SEN;
- the description in part 3 of the Statement of the special educational help the Board thinks your child should get;
- the school named in part 4 of the Statement; or
- the fact that no school is named in part 4 of the Statement.
You can also appeal to the Tribunal if:
- the Board turns down your request to change the school named in your child’s Statement, so long as you have asked for a grant-aided school and your child’s statement has been maintained by the Board for at lest a year.
- the Board turns down your request to carry out a reassessment of your child’s SEN, as long as it has not carried out an assessment within the last 6 months;
- the Board decides not to maintains your child’s statement any longer;
- after re-assessing your child, the Board decides not to amend the Statement.
These details and further information associated to the procedures of the Tribunal are found in the “Special Educational Needs and Disability Tribunal – How to Appeal” booklet which can be obtained from the Tribunal offices.