The parent contacted SENDIASS through the 24-hour answerphone service (helpline). The young person is 12 years old and has a diagnosis of Autism and a Speech, Language and Communication Need. The young person had an education health and care plan (EHCP). The young person was not accessing any education and had been missing from education for six months. The home school team conducted an assessment and concluded that home schooling was insufficient, and that the child should be enrolled in a school or learning placement.

The parent had also encountered difficulties in contacting the Local Authority’s EHCP coordinator.

SENDIASS provided guidance to the parent regarding the Local Authority’s Section 19 Duty to provide education for children of compulsory school who are not in school/education. (See factsheet number 18 on the SENDIASS Manchester website Factsheets for more information).

Additionally, SENDIASS shared information and guidance on Section I appeals, including next steps, (See Guide number 44 on Manchester SENDIASS website Factsheets for more information).

The parent subsequently re-contacted SENDIASS to inform us that they had applied for mediation. The mediator was hopeful that the Local Authority would agree to a disagreement resolution, thereby avoiding the need for an appeal.

“The disagreement resolution service is there to help resolve disagreement between parents or young people and the organisations that are responsible for making provision for children and young people with special educational needs.”

The Local Authority (LA) confirmed that they would not change Section I of the young person’s EHC Plan to the parent’s preferred school. However, they would provide an education placement for the young person due to their absence from school and their Section 19 duties and would be updating the plan to name the new education setting.

Parent decided to proceed with appealing Section I of the EHC Plan.

SENDIASS collaborated with the EHCP coordinator and parent to secure an appropriate educational setting for the young person, who had been out of education for an extended period.

Through collaborative efforts involving the parent, the young person, the EHCP coordinator, and SENDIASS, the young person was allocated an education setting and commenced within a week. They attended full-time, five days a week. The parent reported that the young person was enthusiastic about attending daily and had begun interacting and engaging with peers and staff members. Notably, they had even completed homework, in which they had never engaged previously.

Despite the positive experience in the education setting, the parent expressed their wish to continue the appeal process as the placement the young person had just started to attend, would require a move to another school site in the September.



Following the new school being named on the plan and the plan updated (early review), the parent’s preferred school was consulted, and they agreed that they could meet the young person’s needs and provision, and a place was offered. Once the parent had received the offer in writing, they withdrew from the appeal process.

While the parent and the local authority are involved in the tribunal process, the local authority is still obligated to conduct an annual review of the young person’s EHC Plan.

Mediation must be considered before making an appeal to the Tribunal service (See factsheet 42) and many people take the opportunity to attend a mediation meeting to try and resolve this. 



The mediation is led by an independent mediator and the LA will attend. 

Section 19 of the Education Act 1996

The current law, says that every LA must put in place suitable education arrangements at school or otherwise for children of compulsory school age who, for any reason, will be without suitable education unless these arrangements are put in place for them.

This duty can apply to those not able to attend school due to illness or exclusion, or for any other reason. The education provided by the LA must be:

• Full-time. It can only ever be part-time if that is in your child's best interests due to their physical or mental health needs, and
• Suitable to your child’s age, ability, and aptitude and to any special educational needs they may have.



Section 44, Child and Family Act 2014. 

“The annual review must take place within 12 months of the last review, or from the date the EHC plan was first issued. This is not affected by an ongoing appeal. As such, the annual review needs to take place. The annual review could be an opportunity to try and resolve some of the issues in dispute.”

The SENDIASS website for parent/carers, YP’s and professionals has lots of relevant information with links, podcasts and factsheets. https://www.iasmanchester.org 

There are several ways parent/carers can gain information and knowledge. SENDIASS Manchester Information is shared verbally through volunteer parent groups:

1. Manchester Parent Carer Forum – For Parents and Carers of Children and Young People with Special Educational Needs and Disabilities (SEND) Aged 0-25 in Manchester , 
2. Manchester Parent Champions (on Facebook)
3. Manchester's Local Offer  
4. The SPACE Group | Help & Support Manchester           

SENDIASS also attends local drop-ins in North, Central and South Manchester.



SENDIASS is contactable on the 24-hour answerphone call back service 0161 209 8356 , email sendiass@manchester.gov.uk and via our contact page through the website Contact us (iasmanchester.org)