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Solving disagreements about your child's support needs

If a problem cannot be solved by talking to your child's school, local authority or Education Authority, you may need to take things further. This page covers complaints, mediation, dispute resolution and appeals, as well as the laws that protect your rights. 

  • When concerns can't be resolved 
  • Know your rights 
  • Make a formal complaint 
  • Consider mediation or dispute resolution 
  • Appealing a decision 
  • Getting support during a disagreement 
  • Links, resources and article sources 

When concerns can't be resolved

When you're trying to get the right support for your child, the first step is to try to work in partnership with the school. Our page on working with your child's school has tips about sharing information, keeping notes, writing letters and preparing for meetings. 

Problems can often be solved in partnership with the school or local authority (or Education Authority in Northern Ireland.) But sometimes, despite your best efforts, you may not be able to resolve concerns about your child's support this way. 

You may need to take further action if your child: 
 

  • needs extra support but is not getting it 
  • has been refused an assessment 
  • has been refused an education plan 
  • has a plan that does not meet their needs 
  • has been refused a place at a particular school 
  • is being bullied and the issue is not being dealt with 
  • is having difficulties with school transport 
  • has been excluded from school

If you have already tried to resolve the issue through letters and meetings, the next step is usually to make a formal complaint. 

Know your rights

Before making a complaint or appeal, it can help to understand the laws and guidance that apply to your child's situation. 

Autistic children have legal protection from disability discrimination. 

This comes from: 

Schools must not discriminate against disabled pupils in how they provide education. 

(Our page on disability discrimination in further and higher education is focused on colleges and universities in England, Wales and Scotland. But it includes general information that is also relevant to schools.) 

There are also specific laws and guidance about educational support in each UK nation. 
 

England 

You may find it helpful to look at: 

  • the school's SEND policy 
  • your local authority's SEND policy 
  • your local authority's SEND Local Offer. 

The key legislation and guidance are: 


Wales 

You may find it helpful to look at: 

  • the school's Additional Learning Needs (ALN) policy 
  • your local authority's ALN policy. 

The key legislation and guidance are: 


Northern Ireland 

You may find it helpful to look at: 

The key legislation and guidance are: 


Scotland 

You may find it helpful to look at: 

  • the school's Additional Support Needs (ASN) policy 
  • your local authority's ASN policy. 

The key legislation and guidance are: 

Make a formal complaint

If discussions have not resolved the disagreement, the next step is usually to use the school's complaints procedure. 

Your complaint should clearly explain: 

  • what the problem is 
  • what has happened so far 
  • any evidence that supports your concerns 
  • what outcome you are asking for. 

Keep copies of any letters, emails and responses. 

A formal complaint can sometimes resolve a disagreement without the need for mediation or appeal. 

Consider mediation or dispute resolution

If a formal complaint does not resolve the issue, there may be an opportunity to use mediation or another form of dispute resolution. 

This involves an independent organisation helping everyone involved discuss the disagreement and try to reach a solution. 

The name varies across the UK: 

  • Mediation – used in England for disagreements about EHC plans 
  • Disagreement resolution – used in England for other SEND disagreements 
  • Dispute Avoidance and Resolution Service (DARS) – used in Northern Ireland 
  • Independent adjudication and mediation – used in Scotland for some disagreements. 

In Wales, you can ask for mediation if a local authority decides your child does not need additional learning support or says they will reduce support. You can also ask for the decision to be reviewed by an independent advocate. 

Mediation is usually less formal than an appeal. In some situations, you must show that you have considered mediation before you can appeal. 

If you want to use mediation, your local authority (or Education Authority in Northern Ireland) can tell you how. 

Using mediation does not take away your right to appeal later. 
 

Appealing a decision

If the disagreement still cannot be resolved, you may have the right to appeal. 

Appeals are usually heard by an independent tribunal. 

You may be able to appeal decisions about: 

  • assessments 
  • education plans 
  • support provided in a plan 
  • school placements 
  • decisions to reduce or stop support. 

Appeals usually involve: 

  • submitting your appeal within a set deadline 
  • gathering evidence to support your case 
  • asking professionals to provide supporting information 
  • attending a hearing, where required. 


Preparing for an appeal 

If you are thinking about an appeal, it can help to gather: 

  • copies of reports and assessments 
  • school records 
  • copies of letters and emails 
  • notes from meetings 
  • evidence showing how your child is affected 
  • reports from professionals involved with your child. 

You should also check: 

  • whether the decision can be appealed 
  • whether mediation is required first 
  • the time limits for appeal 
  • what evidence is needed. 


Which tribunal should you use? 

Depending on where you live, appeals are heard by different tribunals: 

In Scotland, some education decisions may also be considered by local authority Education Appeal Committees.

Getting suppport during a disagreement

You do not have to go through the process on your own. 

You may find it helpful to seek advice from: 

  • local parent support groups 
  • advocacy services 
  • specialist education advice organisations 
  • legal advice services 

If you need support with disability discrimination, you can also contact: 


Getting adjustments as an autistic parent or carer 

If you are autistic yourself, you can ask for reasonable adjustments to help you take part in meetings and appeals. 

For example, you could ask for: 

  • information in alternative formats 
  • a quiet place to wait before meetings 
  • recordings of meetings 
  • written information after meetings. 

These adjustments can help make the process more accessible and reduce unnecessary stress. 
 

Links, resources and article sources


National Autistic Society 

  • Autism Services Directory: for services and support 
  • Branches: offering support, information and social activities for autistic adults, children and their families in their local areas 
  • Community: our online community is a place for autistic people and their families to meet like-minded people and share their experiences 

 

Other advice, information and support 

England   

  • Every local area has a Special Educational Needs and Disabilities Information Advice and Support Service (SENDIASS) that can provide information, advice and support to parents and carers of children and young people with SEND.   
  • Independent Provider of Special Education Advice (IPSEA) is a registered charity that offers free and independent information, advice and support to help get the right education for children and young people with all kinds of SEND.    
  • SOS!SEN offers a free, term-time, national helpline for advice and support about SEN provision.   
  • The Equality Advisory & Support Service (EASS) provides a helpline offering advice and support on equality, discrimination and human rights issues. 
  • The Government's webpage on How to complain about a school  

Northern Ireland   

Scotland   

Wales   

  • SNAP Cymru provides advice on a variety of issues that a child or young person may encounter during their education     
  • The Equality Advisory & Support Service (EASS) provides a helpline offering advice and support on equality, discrimination and human rights issues. 


Article sources 

This page is based on the relevant legislation in each UK nation, linked below. 

It also contains information that comes from our direct experience of helping autistic people and their families understand the relevant legislation and navigate the systems for getting support in each UK nation. 

Disability discrimination 

England 

Northern Ireland 

Scotland 

Wales 

Dispute avoidance 


Appeals