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If we can't agree

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In Camden we aim to work closely with parent carers and plan together the support a child or young person needs.

We try to make sure that resources are shared so that all children who need it receive the support and services they need. For some services we have to set eligibility criteria so that it is clear how we make decisions on which children can access these resources.

Sometimes families do not agree with the decisions we make. When that happens we do try to do everything we can to resolve the disagreement first through discussion. There are lots of ways to resolve the disagreement in the first place and we really want to do this together with you.

Children and young people's needs change over time and we want to make sure that families don't struggle if disagreements about the support being provided to your child arises.

If you have a concern about a decision then please do discuss with the service provider in the first instance. If you need support to do this you can contact SENDIASS (previously known as the Parent Partnership Service) and someone can support you. KIDS can also provide support to parents and carers.

If discussion do not resolve the disagreement, we offer independent mediation. (Please see below)

Right of Appeal through Tribunal Services

Parents and young people also have the right of appeal through Her Majesty’s Courts and Tribunals Services - the Health, Education and Social Care (HESC) Chamber of the First-Tier Tribunal. SENDIASS can attend meetings and help parents with advice on how to resolve a dispute or where necessary appeal against a decision.

To seek advice and support, you can call:

.

Parents rights

As a parent, remember that in carrying out functions under the Children and Families Act 2014, Local Authorities must have regard for:

  • The views, wishes and feelings of the child, young person or parent
  • The importance of the child, young person or parent's full participation in decisions
  • The importance of the child, young person or parent being provided with the necessary information and support to participate
  • The need to support the child or young person to achieve the best educational or other outcomes.

 The above is a summary of section 19 of the Children and Families Act 2014

What if I am unhappy with either Camden Council or Camden CCG’s decision?

For details about the different options, please see below.

The Appeal Process for Camden Council

The Appeal Process for Camden Council
If a family/ young person wish to formally appeal against the decision, they should submit a completed Appeal Form which can be obtained from, and should be returned to:

SEN Finance & Resources officer
Children, Schools &Families
SEN and Educational Psychology Services
Camden Town Hall
Judd Street
London WC1H 9JE
Tel: 020 7974 4532 / 6500

The appeal will be investigated by the Assistant Director who will take into account the following, when considering your appeal:

  • All the information presented with your original application;
  • Any additional information presented with your appeal;
  • Whether any of the information in the original response to you was inaccurate;
  • Whether consideration was given to all the circumstances;
  • The original decision made prior to your appeal and the reasons for the decision;

Families/ young people will be notified of the outcome of their appeal in writing normally within 15 working days. On the basis of parental request a meeting can be arranged to discuss the outcome of the Appeal.

Information, Support and Advice

Information, Support and Advice
At a very early stage of a disagreement, Camden’s Special Educational Needs and Disability Information Advice and Support Service (SENDIASS) is often able to help and should be contacted in the first instance for information, support and advice.

SENDIASS
Highgate Newtown
Community Centre
25 Bertram Street
London N19 5DQ
Email: SENDIASS@camden.gov.uk
Tel: 020 7974 6264

Mediation

Mediation
In the case of a dispute, Camden has an arrangement with KIDS London SEN Mediation Service to provide statutory mediation and disagreement resolution.

KIDS London SEN Mediation Service is an impartial, independent and free service which parents/carers and young adults up to the age of 25 can access.

The aim of this provision is to help resolve disagreements that may arise between parents/carers/young people when they do not agree with the provision made by education, health or social care services for children and young people with SEN or a disability, including children who are looked after by the Authority.

KIDS London SEN Mediation Service
Tel: 020 7359 3635
Fax: 020 7226 2845
Email- enquiries.london@kids.org.uk
Website: www.kids.org.uk/mediation
Write to: KIDS 7-9 Elliot’s Place, London N1 8HX

General complaints about Camden’s children’s services

General complaints about Camden’s children’s services

Camden has a complaints procedure for all of its services which can be found here or parents/ young people can call the children’s services complaints team on 020 7974 6673.

The Appeal Process for Camden CCG

The Appeal Process for Camden CCG
Should parents disagree with the level of resource proposed then they have the right to complain. As part of the complaints procedure the decision making process and the decision itself will be investigated. If either is challenged then this could result in the decision being reconsidered.

Parents have 28 days from the date of the letter confirming level of resource to make a formal complaint. Complaints should be directed to the North and East London Commissioning Support Unit (NEL CSU) Patient Experience and Effectiveness Team, which is an NHS organisation that manages the complaints process on behalf of Camden CCG. You can call them on 0203 688 1666 or email nelcsu.complaints@nhs.net.

Upon receipt of a formal complaint, the NEL CSU will review the case within 10 working days. An independent assessment may be requested. The Patient Experience and Effectiveness Team will gather and scrutinise all assessments tools and decisions relating to the case in order to take into account the specific concerns raised by the parent /carer. The Children’s and Young People’s safeguarding lead for Camden may be involved in a review process.
It may take up to 30 working days for the review to be held.

Ombudsman

Ombudsman
Parents who remain dissatisfied may contact the ‘Parliamentary and Health Service Ombudsman’ (PHSO), to request an independent review of their case. This must be done within a year after the day on which the person aggrieved first had notice of the matters alleged in the complaint, unless the PHSO considers that it is reasonable to review the complaint outside of this timescale.

This request can be made in the following ways:
Contact the PHSO on
Phone: 0345 015 4037
Email: Phso.enquiries@ombudsman.org.uk
Or write to them at:
The Parliamentary and Health Service Ombudsman
Millbank Towers
Millbank
London
SW1P 4QP

Single Route of Redress for children and young people

SINGLE ROUTE OF REDRESS FOR CHILDREN AND YOUNG PEOPLE

We aim to work with parents and other agencies to ensure that there is an agreed consensus on how to meet Children and Young peoples’ special educational needs. However, in the event of a parent, carer, guardian or young person, remaining dissatisfied, they may exercise their rights of appeal to a tribunal through Her Majesty’s Courts and Tribunals Services - the Health, Education and Social Care (HESC) Chamber of the First-Tier Tribunal. .

In these circumstances they may register an appeal against an educational decision.

Since March 2018, tribunals have been given additional powers to make non-binding recommendations in respect of health and social care issues and will be able to register appeals as part of a National Trial, for a period of two years, ending on March 2020.

This means that parents and/or young person (YP) may also register an appeal against health and social care issues, provided that their appeal includes educational issues. This is because there is currently no direct right of appeal on health and social grounds only. Whilst this right of appeal does not apply against refusals to assess and/or re-assess, the tribunal will then be able to make non-binding recommendations in respect of the Health and Social Care issues.

The LA or Health Clinical Commissioning Group (CCG) must give detailed reasons within 6 weeks of receiving the tribunal decision if they decide not to adopt the tribunal’s recommendations.

The Parents or YP can then challenge the decision not to adopt the recommendations by:

- Referral to the Local Government Ombudsman or

- Judicial Review

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