When you can appeal to the tribunal

You can appeal to us if the LEA:

• will not carry out a formal assessment of your child's special educational needs; or
• refuses to issue a statement of your child's special educational needs

If the LEA has made a statement, or has changed a previous statement, you can appeal against:

• the parts which describe your child's special educational needs (part 2) and set out the special educational help (part 30 that the LEA think your child should get;
• the school named in part 4 of the statement; or
• the LEA not naming a school in part 4

You can also appeal if the LEA:

• refuses to change the school named in your child's statement, if that statement is at least a year old (but you can only ask for an LEA maintained school - one funded by an LEA);
• refuses to reassess your child's special educational needs if the LEA has not made a new assessment for at least six months;
• decides not to maintain (decides to cancel) your child's statement; or
• decides not to change the statement after reassessing your child

You cannot appeal to us:

• if the LEA refused to name an independent or non-maintained school where you asked for a change in a statement which was at least a year old;
• about the way the LEA carried out the assessment, or the length of time it took;
• about how the LEA is arranging to provide the help set out in your child's statement;
• about the way the school is meeting your child's needs;
• about the description in parts 5 and 6 of the statement of your child's noneducational needs or how the LEA plans to meet those needs; or
• if the LEA will not amend the statement after a yearly review

We may not be able to consider an appeal if your child is over 16 and not on the roll of a school. We will not be able to consider an appeal if your child has left school and is going to a further, or higher, education college.