Guerrillamum's Blog

Automatic right of appeal for parents if LA fails to amend statement following Annual Review

From September 1st 2010, at the recommendation of the Lamb Inquiry, parents now have an automatic right of appeal to the Special Educational Needs and Disability Tribunal (SEND Tribunal), if the Local Authority (LA) fails to amend a statement of SEN following annual review.  This is momentous because until now, parents in the position of disagreeing with an LA on this point had to request a full reassessment of their child’s SEN.  This is an exhausting process, particularly if you have already been through it before, and you also ran the risk losing or having changed any provison the child might have had at that time.

On contacting the SEND Tribunal for confirmation I was told that parents could expect to hear about this change in due course from LAs, and that when they receive a final statement following annual review, the LA should inform them of this new right of appeal in the accompanying letter. Make sure they do!