Skip to main content

Appealing against a Surrey County Council SEND decision

You can appeal to the special educational needs and disability tribunal for any of these reasons:

Here are the steps you should take before considering approaching the tribunal.

Surrey County Council refuses to initiate a statutory assessment

If we decided against giving your child a statutory assessment we will explain why your child's needs do not meet the agreed criteria in a letter to you and tell you what further action we think the school should be taking in order to ensure your child's needs can be met.

  1. Speak with your child's school to see how it will continue to support your child – for example, update the individual education plan or arrange for new professionals or specialist teachers to work with your child.
  2. The special educational needs coordinator (SENCO) should follow any advice from us on how your child should be supported.
  3. If the new strategies don't work or the school has more evidence it can provide to support a new assessment, another request can be made.
  4. Speak with your child's school SENCO, headteacher and the special educational needs and disabilities school governor.
  5. Seek independent advice from Surrey SEND Information, Advice and Support Service (SSIASS).
  6. Talk to a special educational needs and disability mediator.
  7. Speak to a voluntary organisation for your child's specific educational needs.
  8. You can appeal through the special educational needs and disability (SEND) tribunal.

Return to top 

Surrey County Council refuses to issue a statement of special educational needs, after carrying out a statutory assessment

In the assessment process, we will have identified any improvements that the school can make and changes to the individual education plan, to benefit your child and his/her learning needs.

A 'note in lieu' will be produced which will give the school clear guidance on how to meet you child's needs based on the advice received.

  1. Speak with your child's school to see how it will continue to support your child – for example, update the individual education plan or arrange for new professionals or specialist teachers to work with your child.
  2. The special educational needs coordinator (SENCO) should follow any advice from us on how your child should be supported.
  3. If the new strategies don't work or the school has more evidence it can provide to support a new assessment, another request can be made.
  4. Speak with your child's school SENCO, headteacher and the special educational needs and disabilities school governor.
  5. Seek independent advice from Surrey SEND Information, Advice and Support Service (SSIASS).
  6. Talk to a special educational needs and disability mediator.
  7. Speak to a voluntary organisation for your child's specific educational needs.
  8. You can appeal through the special educational needs and disability (SEND) tribunal.

Return to top 

If you do not agree with the content of the statement of special educational needs issued by Surrey County Council

Timescales apply – The statement will initially be issued in proposed format, and you must respond with comments within 15 days of the proposed statement being issued. You may ask for a meeting and then you will have a further 15 days to make any comments or observations. If you still remain unhappy with the wording of the statement once the final statement has been issued you have a further two months to register an appeal.

  1. Discuss the proposed statement with your contact at Surrey County Council or anyone who's given advice during the process.
  2. Get independent advice from Surrey SEND Information, Advice and Support Service (SSIASS). 
  3. Report your concerns to the area special needs manager (ASNM) and ask for a local resolution meeting – an informal meeting, giving you the chance to share your concerns and any additional evidence you may have.
  4. If the statement is issued as a final statement and you don't agree with it consider mediation via a special educational needs and disability mediator (Global Mediation).
  5. You can appeal against the content of the final statement through the special educational needs and disability (SEND) tribunal.

Return to top 

If Surrey County Council refuses to amend your child's statement of special educational needs following a review

Timescales apply – you must appeal the decision within two months of the authority informing you that it does not intend to amend your child's statement following a review.

  1. Discuss the decision not to amend the statement with your contact at Surrey County Council or your child's school.
  2. Get independent advice from Surrey SEND Information, Advice and Support Service (SSIASS). 
  3. Report your concerns to the area special needs manager and ask for a local resolution meeting – an informal meeting, giving you the chance to share your concerns and any additional evidence you may have.
  4. Consider mediation via special educational needs and disability mediator (Global Mediation).
  5. You can appeal through the special educational needs and disability (SEND) tribunal.

Return to top 

Surrey County Council makes changes to the statement of special educational needs and disability, possibly including the school named in it

Changes may be made:

  • because your child changes school or is due to change school to update the statement to reflect changes you have requested
  • If your child's needs and / or the provision required to meet their needs has changed.

Timescales apply – you must comment on the proposed statement within 15 days of it being made. You may ask for a meeting and then you will have a further 15 days to make any comments or observations.

  1. Discuss the proposed amended statement with your contact at Surrey County Council or anyone who has given advice during the process.
  2. Get independent advice from Surrey SEND Information, Advice and Support Service (SSIASS). 
  3. Report your concerns to the area special educational needs manager and ask for a local resolution meeting – an informal meeting, giving you the chance to share your concerns and any additional evidence you may have.
  4. If the statement is issued and you don't agree with it consider mediation via a special educational needs and disability mediator (Global Mediation).
  5. You can appeal through the special educational needs and disability (SEND) tribunal.

Return to top 

Surrey County Council stops maintaining your child's statement of special educational needs

A statement lasts only as long as the child needs it. At annual review, if it is felt that a statement is no longer needed, and that your child's educational needs can be catered for in a mainstream school with support, the statement will end. We will give notice of this and explain the reasons.

When a young person aged 16-19 leaves school their statement will cease. The statement can last up until the end of the school year when the young person turns 19.

  1. If your child is still of school age, speak with the school to see how it will continue to support your child. Although you child may no longer meet the criteria for a statement, this does not mean he/she may not continue to require a reduced level support in school, including an individual education plan or specialist teachers providing advice as to your child's needs.
  2. Get independent advice from Surrey SEND Information, Advice and Support Service (SSIASS). 
  3. You can appeal through the special educational needs and disability (SEND) tribunal.

Return to top 

You request a placement in a maintained school and we refuse to agree the placement

You are entitled to make a request for an alternate maintained school for your child at any time, and the authority must consider this, as long as you have not made a similar request within the previous 12 months.

  1. Discuss your request with your contact at Surrey County Council.
  2. Get independent advice from Surrey SEND Information, Advice and Support Service (SSIASS). 
  3. Ask for a local resolution meeting – an informal meeting, giving you the chance to share your concerns and any additional evidence you may have.
  4. Consider mediation via a special educational needs and disability mediator (Global Mediation).
  5. You can appeal through the special educational needs and disability (SEND) tribunal.

Top