Understanding Your Rights When an EHCP is Not Being Fulfilled
Navigating the world of special educational needs can be challenging, especially when the Education, Health and Care Plan (EHCP) for your child is not being properly implemented. Parents and carers need to be aware of their rights to ensure their child's needs are met. Here’s a comprehensive guide on what you can do if an EHCP is not being fulfilled.
1. Right to Appeal
If you're dissatisfied with the EHCP or believe it’s not being implemented correctly, you have the right to appeal to the Special Educational Needs and Disability Tribunal (SENDIST). This appeal can be made within six weeks of receiving the final EHCP or any subsequent changes to the EHCP. The tribunal can address issues such as the content of the plan or its implementation.
2. Right to Mediation
Before appealing to the tribunal, parents must consider mediation. Mediation is a free and confidential process where an independent mediator assists in resolving disagreements between parents and the local authority (LA). This step is mandatory before an appeal can proceed, although parents are not required to participate in mediation if they choose not to.
3. Right to Information and Advice
Parents are entitled to access information, advice, and support from various organizations, such as the Independent Provider of Special Education Advice (IPSEA). These organizations offer resources and guidance on how to navigate SEN issues, including template letters and legal guides.
4. Right to Disagreement Resolution
In addition to mediation, parents can use the disagreement resolution service. This service provides another avenue to resolve disputes without resorting to tribunal. It is designed to handle conflicts related to any aspect of the EHCP or its implementation.
5. Right to Legal Action
If all other avenues fail, parents may consider seeking legal advice and potentially taking legal action to ensure the EHCP is fulfilled. Organizations like IPSEA can offer support and guidance on how to proceed with legal action if necessary.
6. Right to Review
Parents can request a review of the EHCP if they believe it no longer meets their child's needs or if there have been significant changes in their child's circumstances. Reviews can ensure that the EHCP remains relevant and effective in addressing the child's educational requirements.
Conclusion
Understanding your rights as a parent or carer when an EHCP is not fulfilled is crucial in advocating for your child's educational needs. From appealing to mediation, and seeking legal advice to requesting a review, there are several steps you can take to ensure your child receives the support they deserve. Organizations like IPSEA provide invaluable resources and support to help you navigate these processes effectively.
By being informed and proactive, you can help ensure that your child's EHCP is implemented correctly, allowing them to thrive and succeed in their educational journey.