Rulebook · Way to challenge

Disagreement resolution service

Every council must arrange an independent disagreement resolution service. An independent person helps the parent or young person and the other side try to settle a disagreement about SEN. The other side can be the council, a school, college or early years provider, or, during EHC needs assessments and plans, a health body. It can be used at any time if both sides agree, including when there is no EHC plan, and for things that cannot be appealed.

Who can use it: Parents and young people, whether or not there is an EHC plan. Time limit: No time limit is set by law. Using it does not stop the clock for an appeal.

Alongside other ways

Yes, if both sides agree, it can be used alongside other routes, including while an appeal is going through the Tribunal. Choosing not to use it has no effect on the right to appeal. After mediation about the health or social care parts of a plan, the health body (for health care) or the council (for social care) can be asked to use it, but it does not have to agree. If an appeal is also wanted, the appeal time limit keeps running.

Cost

No fee: the law sets none for the family.

What it can do

• Anything the people involved agree to change.
• It covers disagreements with the council, or a school, college or early years provider, about how it carries out its SEN duties; with a school, college or early years provider about the special educational provision it makes; and with a health body or the council about health or social care during EHC needs assessments and plans.

What it cannot do

• The independent person cannot make a decision or make anyone agree.
• It does not lead to a mediation certificate.
• It does not stop or extend the time limit for an appeal. Only the Tribunal can agree to accept a late appeal.

Type of rule

Law (Act or Regulations)This is the law, set by an Act of Parliament or by Regulations.

Rule id

route.disagreement_resolution

Rules version

england-2026.10

Law as at

30 September 2026

Sources

• Children and Families Act 2014, s 57(1) to (6)Law (Act or Regulations)
• SEND Code of Practice 2015, para 11.7Official guidance
• SEND Code of Practice 2015, para 11.8Official guidance
• SEND Code of Practice 2015, para 11.13Official guidance
• SEND Code of Practice 2015, para 11.10Official guidance
• SEND Code of Practice 2015, para 11.36Official guidance
• Children and Families Act 2014, s 55(4)Law (Act or Regulations)
• Children and Families Act 2014, s 55(5)Law (Act or Regulations)
• Tribunal Procedure (First-tier Tribunal) (HESC Chamber) Rules 2008, r 20(1)(c)Law (Act or Regulations)
• Tribunal Procedure (First-tier Tribunal) (HESC Chamber) Rules 2008, r 5(3)(a)Law (Act or Regulations)
• Tribunal Procedure (First-tier Tribunal) (HESC Chamber) Rules 2008, r 20(4)Law (Act or Regulations)

Related

• Disagreement resolution service

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