Can I Appeal a SEN Statement Decision in Northern Ireland?

Who this guide is for

Parents and carers in Northern Ireland who disagree with an Education Authority decision about a statutory assessment or a statement of special educational needs. It explains what you can and cannot appeal to the Special Educational Needs and Disability Tribunal (SENDIST), and the time limit.

What this guide does not cover

• England, Wales or Scotland: see the England guide, the Wales guide or the Scotland guide.
• Suspensions and expulsions: see our school exclusions guide.
• Support at the school-based stages for a child without a statement: ask the school, then the Education Authority.
• The time limit for a disability discrimination claim: ask SENDIST or the Equality Commission for Northern Ireland.

What the rules depend on

1. Is the school in Northern Ireland? Yes: this guide. England, Wales and Scotland have different systems and their own guides.
2. What has the EA decided? Some decisions can be appealed and some cannot (see the two lists below).
3. When did you receive the decision? The 2 months counts from when you received it.

What you can appeal to SENDIST

• You or the school asked the EA for a formal assessment and it decided not to assess.
• The EA assessed but decided not to make a statement.
• The EA made or amended a statement and you disagree with its educational content.
• The EA decided your child should no longer have a statement.
• The EA decided not to amend a statement after a re-assessment.
• In certain circumstances, the EA decided not to re-assess, or turned down your request for your child to go to a different school.

What you cannot appeal

• How a formal assessment was carried out, or how long it took.
• How the EA arranges the help in the statement, or the level of funding.
• How the school is meeting your child's needs.
• The EA deciding not to amend a statement after an annual review.
• The EA deciding not to send your child to an independent school, unless there is a new or newly amended statement.
• Parts 5 and 6 of a statement cannot be appealed, for example home to school transport arrangements.

For these, talk to the school or the EA. The EA also runs a Dispute Avoidance and Resolution Service (DARS).

How to appeal

You must appeal within 2 months of receiving the decision from the EA. The EA must tell you when you have a right of appeal. Ask SENDIST for its "How to Appeal" booklet, which has the form and a checklist of documents. You can keep talking to the EA after you appeal: if you reach an agreement, you can withdraw the appeal or the tribunal can make an order that reflects it. This guide does not cover whether using DARS changes the time limit: ask SENDIST.

The proposed statement, and naming a school

• Before the final statement, the EA sends you a proposed (draft) statement. The part that names a school (Part 4) is left blank.
• You have 15 days to comment and to say which school you want your child to go to. You can ask for a meeting with the EA. nidirect says you then have another 15 days to ask for more meetings, and 15 days after your last meeting to send any more comments. If you need more time, speak to the EA officer handling your child's case.
• If you ask for a grant-aided school, the EA must name it unless the school is unsuitable for your child's age, ability, aptitude or special educational needs, or your child going there would not fit with the efficient education of the children they would be taught with, or with the efficient use of resources.
• nidirect says the EA must make the final statement within 8 weeks of the draft, with Part 4 filled in with the name of a school.
• If you disagree with the school named in the final statement, you can appeal to SENDIST within 2 months of receiving it.

Annual reviews, changes, and the statement being stopped

• The EA must review the statement at least once a year. The school invites you to a meeting. You can bring a friend or an independent adult, and your child should be able to come to at least part of it.
• If the EA wants to change the statement, it writes to tell you the changes and asks for your views. You have 15 days to ask for a meeting about them. The EA must tell you its final decision within 8 weeks of suggesting the change.
• If you disagree with the changes, you have the same right to appeal to SENDIST as when the statement was first made.
• You can ask the EA to change the school named in the statement if it is at least 12 months since you last asked, or since the statement was made or changed.
• The EA can stop keeping (cease to maintain) a statement only if it is no longer necessary. If it decides to stop, you can appeal to SENDIST.

If the EA is late

The time limits are under "Deadlines" below. How long an assessment took cannot be appealed to SENDIST (see "What you cannot appeal"). Complain to the EA first, using its complaints procedure. If you are still unhappy at the end of it, you can go to the Northern Ireland Public Services Ombudsman (NIPSO): the time limit is under "Deadlines" and the contact details under "Where to go for help". In exceptional cases NIPSO may accept a complaint later.

"I think the school is discriminating because of my child's disability"

SENDIST also deals with claims of disability discrimination about children at school. The Equality Act 2010 does not apply in Northern Ireland. This guide does not cover the law or the time limit for these claims: ask SENDIST or the Equality Commission for Northern Ireland.

Deadlines

• Comments on the proposed statement, and the school you want: within 15 days.
• EA issues a final statement: within 26 weeks (unless an exception in the rules applies), and within 8 weeks of the draft.
• Annual review: at least once a year.
• EA's final decision on changes it suggested: within 8 weeks.
• Appeal to SENDIST: within 2 months of receiving the EA's decision.
• NIPSO: within 6 months of the day the EA sends you its written notice that its complaints procedure is finished. The EA must send that notice within 2 weeks of finishing. NIPSO can look at a later complaint if there are special circumstances.

Traps

• EHC plans, individual development plans and co-ordinated support plans do not exist in Northern Ireland. The legal document is a statement.
• The 2 months counts from when you received the decision.
• A slow assessment cannot be appealed to SENDIST.
• The new SEN Regulations are not in force yet.