If we can't agree

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

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
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 is a positive, forward-thinking yet confidential process designed to resolve personal and professional disputes using a neutral third party to facilitate a settlement. The mediator does not judge or impose a solution but helps both parties work towards a mutually satisfactory outcome.

Mediation is the quickest way of getting all key decision-makers together around the (virtual) table for a full and frank discussion; it has a high rate of resolution and does not prejudice your legal rights.

For service users

Contact details for SEND referrals:

Global Mediation (SEN), 8 Lytton Road, Barnet EN5 5BY

Website: www.globalmediation.co.uk

Tel: 020 8441 1355 or 0800 064 4488

Email: sen@globalmediation.co.uk

Guide to mediation process is at https://www.globalmediation.co.uk/service/special-educational-needs-disability/

Online leaflet is at https://www.globalmediation.co.uk/wp-content/uploads/2019/05/Global-Mediation-Sen-Leaflets-web.pdf

Young Person’s Experience of Mediation is at https://www.globalmediation.co.uk/what-is-mediation/

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
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
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

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