Special Educational Needs & Disability Tribunal

What is the Special Educational Needs and Disability Tribunal?

SENDIST has two specific and distinct roles -

The Special Educational Needs Tribunal service and Disability Discrimination in schools

SEN

It is an independent tribunal set up by Act of Parliament to hear and decide parents' appeals against the decisions of Local Authorities (LA's) about children's special educational needs, where parents cannot reach agreement with the LA.

A detailed booklet containing full information about SENDIST and making a claim is available by telephoning the SEN Helpline number above. Parents can, at any time, ask for disagreements with the LA or schools to be resolved through the independent SEN Disagreement Resolution Service operating in their area. Asking for this does not interfere with parents legal rights to make a claim with SENDIST.

Disability Discrimination in schools

The tribunal also considers parents claims of disability discrimination in schools. Parents can obtain more information about how to make a claim disability discrimination by contacting

Disability Helpline - 020 7925 5750

A booklet' Disability Discrimination in schools 'How to make a claim' is also available from that number. You may also wish to look at The Disability Rights Commission website.

The booklets explain when you can appeal to SENDIST and what will happen if you appeal. The booklet contains a form you can use to register your claim. You can speak to someone before making your claim if you wish by telephoning one of the helpline numbers above or visit the SENDIST website.

When can you appeal?

There is a two month time limit for making an appeal relating to your child's special educational needs. It starts when the LA gives you it's final written decision.

Even if you decide to send in an appeal you should still try and sort out your disagreement (see also - disagreement resolution in action).

What can you appeal about?

You can appeal to SENDIST if the LA:

will not carry out a formal assessment of your child's special educational needs, or
refuses to issue a statement of your child's special educational needs.

If the LA has made a statement, or has changed a previous statement, you can appeal against:

the parts which describe your child's special educational needs (part2) and set out special educational help (part 3) that the LA think your child should get
the school named in part 4 of the statement, or
the LA not naming a school in part 4.

You can also appeal if the LA:

refuses to change the school named in your child's statement, if that statement is at least a year old (but you can only ask for an LA maintained school - one funded by an LA).
refuses to reassess your c hiId's special educational needs if the LA has not made a new assessment for at least six months,
decides not to maintain (decides to cancel) your child's statement;
decides not to change the statement after reassessing your child.

More information is available in the SENDIST information booklet covering:

The appeal process timetable;
What issues are dealt with;
What issues are not dealt with;
Where to get advice;
The Local Government Ombudsman;
What detail is required;
If you have special needs;
The hearing;
The decision.

SENDIST is a free of cost service.

Claims about disability discrimination

Is a claim about disability discrimination different from a special educational needs appeal?

Yes. Although SENDIST handles applications under both headings, these are separate. There are two separate booklets available that explain in detail about SEN Appeals and Complaints about disability discrimination.

In the case of disability discrimination, if you think that your child has been discriminated against because of his or her disability, you may be able to make a claim to SENDIST against the organisation that is responsible for the school, or the activity during which you feel there was discrimination. The booklet is available by telephoning 020 7925 5750 and it explains how a complaint can be made.

Can I combine a claim about disability discrimination and an appeal about special educational needs?

Some parents find they have both options open to them. If that is the case is often possible to have one single hearing to deal with both matters. In such a case, both forms will need to be completed.

Oldham Parent Partnership Service