Revised SEN and disability tribunal rules come into force

The changes allow parents to appeal to the SEN and disability tribunal if their local authority does not amend a child’s statement following their statutory annual review. Previously there was no right of appeal if local authorities failed to act on a review, even when parents and teachers felt that change was required.

Brian Lamb’s 2009 report for the former DCSF highlighted the lack of parental confidence in aspects of the SEN system of assessment and recommended the changes.

The new rights are introduced through the Children, Schools and Families Act 2010. Parents will now have a two-month window to appeal following a local authority’s decision not to amend an SEN statement. In the past, parents were forced to request a re-assessment if their wishes were ignored.

In addition to the new provision, the chief inspector of education, children’s services and skills now has a duty to report on the extent to which education in mainstream schools meets the needs of children with SEN and disabilities, creating a more transparent and accountable environment.