Complaints and disagreements

Sometimes, as a parent, carer, or young person, you may disagree with a decision that has been made by Kirklees Council about a child or young person with SEND.

There are a many ways that you can discuss this disagreement:

In the first instance, it is always a good idea to speak with the person or the department from the council who has made this decision or that you have been working with. There may be a way that we can resolve it. If you do not know the number of the person concerned, you can call 01484 221000 and ask for the person.
Speak with KIAS (Kirklees independent advice and support service) either by phoning them on 01422 266141 or 07771977384 or by completing the form on the KIAS website(opens link in new window)

If you more want information, advice and support about a disagreement, please go to the Support Groups and Advice page(opens link in new window) which has details of who you can speak with.

If you have a complaint about Kirklees Children's Services, please go to the Kirklees Children and Young People's Service compliments and complaints page (opens link in new window) as it has all the information about how you can make a complaint.

If you have a complaint about a school, please go the Kirklees school complaint (opens link in new window). This is the option to take if your child has SEND and is attending a Kirklees school. If the complaint is about specific issues with an EHCP then, please see the information below.

Kirklees Council works hard to include young people's and parents'/carers' ideas and views in a plan and gives opportunities for changes to be made. When a new or amended EHCP is produced, an opportunity is always provided to consider changes. The local authority will send out a Draft EHCP (for new assessments) or a Proposed Amended (for existing EHCP's). This is your opportunity to comment on what is in the plan and suggest changes.

To discuss concerns about an EHCP, please speak with SENDACT (opens link in new window) on 01484 456888 or email SENACT@kirklees.gov.uk

If once an EHCP is written (or finalised) and you or the young people when over 16 if they want to make that decision alone, do not agree, you can appeal about what it says in an EHCP.

The initial step that parents, cares or young people can go through is a process called mediation. This is a carefully managed conversation with parents, carers, the council and other professionals to discuss the disagreement and try to resolve it. This is run by another professional called a mediator who helps to keep the conversation on track.

 If you are still not happy with the decision made at mediation, then an appeal can be made to the tribunal. This is more formal process where the disagreement is presented to a tribunal judge to decide, however the council will work hard to reach an agreement before it gets to the point of needing the judge to decide.

Details of how to raise an appeal will be contained in the letter that the local authority sends out with the Final EHCP.

More information about appeals and tribunals can be found on the Local Offer disagreements, tribunals and appeals page.(opens link in new window)

When a decision not to carry out an EHC assessment has been made, SENDACT will always write to you with the reasons why. This may include some feedback around the information in the request and what to include if another application for an EHC assessment is made.

If you or the educational setting send in further information that SENDACT require within eight weeks of the letter being sent, then they will reconsider the original request alongside the new information.

Another option is that we can go through a process called Mediation which is a conversation with parents, the council and other professionals to discuss the disagreement and try to solve it. Another professional runs this called a mediator who helps to keep the conversation on track. The council will not agree to carry out an assessment during mediation, but if following mediation they feel that an EHC assessment should be carried out, the request will go back to SENDACT's Decision to Assess group, along with a recommendation to carry assessment from the council representative as well as any new information that has been gathered. The Decision to Assess group will consider this and decide.

 If mediation does not help, then an appeal can be made to the tribunal. This is more formal process where the case is presented to a tribunal judge to decide, however the council will work hard to reach an agreement before it gets to the point of needing the judge to decide.

Details of how to appeal a decision will be in the letter that the Local Authority send to you informing you SENDACT's decision.

Social Care

If your complaint is about social care or social care staff please use the council’s complaints route (opens link in new window)

Health

Locala complaints (opens link in new window) (North Kirklees).

Tel: 0303 003 4529, option 2.
Email: enquiry@locala.org.uk

CHFT complaints (opens link in new window) (South Kirklees)

Tel: Calderdale Royal Hospital 01422 357171 or Huddersfield Royal Infirmary 01484 342000
Or freephone: 0800 013 0018
Email: patientadvice@cht.nhs.uk

If it is about mental health care or mental health care staff please contact the NHS South West Yorkshire Partnership Foundation Trust (opens link in new window):

Freephone: 0800 587 2108
Fax: 01924 327668
Email: customer.servicesSWYT@nhs.net

Support when making a complaint.

If you want to make a complaint about an NHS service you have received and need support with this, you can contact ASK 4 Advocacy (opens link in new window) on:

Tel: 01924 460211
Email: advocacy@touchstonesupport.org.uk

Disagreement Resolution - When nothing else has helped.

Sometimes it can be really hard to reach an agreement even if you have tried to speak with those who made the decision and have sought support from KIAS and other support groups.(opens link in new window)

If this happens, Disagreement Resolution may be the best next step.

This is for any child or young person with SEND, this is not just for those with an EHCP (opens link in new window)

Disagreement Resolution means that an independent person will talk to all those involved in the disagreement to try and help them reach a solution.

In Kirklees we use a company called Global Mediation to carry out this work. They are an independent service who specialise in mediation and disagreement resolution by helping people to find good solutions to complicated problems.