Next Steps and Tribunal Options
Next Steps and Tribunal Options
When you have evidence that synthetic phonics is harming or holding back your child, you have the right to act. The law protects your child’s access to learning — even if the school insists “we must follow phonics policy.”
Step 1 – Put Concerns in Writing
Write to the class teacher and SENDCo explaining:
- Your child is distressed or not progressing with phonics.
- You believe the method is unsuitable.
- You request **reasonable adjustments** under **Section 20 of the Equality Act 2010**.
Ask for:
- A change in teaching method (e.g. meaning-based reading or whole-word learning).
- Access to real books and comprehension-first approaches.
- Removal of nonsense-word tasks or any trigger of anxiety.
Always keep copies of every email or letter.
Step 2 – Escalate if Ignored
If the school does not respond, or refuses to adjust:
- Write to the **Headteacher** and **Governing Body**.
- Refer to your legal rights under the **Equality Act 2010** and **SEND Code of Practice (2015)**.
- State clearly that failure to act is **disability discrimination** (Section 21).
Step 3 – Formal Complaint
If still unresolved:
- Use the school’s official complaints procedure.
- Copy your local authority’s SEND team if your child is on the SEN register or has an EHCP.
- You may also request an **EHCP assessment** under **Section 36 of the Children and Families Act 2014**.
Step 4 – SEND Tribunal
You can appeal to the **First-tier Tribunal (Special Educational Needs and Disability)** if:
- The school or local authority refuses to make reasonable adjustments.
- Your child is being forced to continue a distressing or unsuitable phonics programme.
- Barriers to reading are not being addressed.
Tribunals are independent and can order schools to change their approach. Parents do **not** need a lawyer to apply.
Step 5 – Keep Protecting Your Child
Throughout the process:
- Keep your child reading for pleasure in any way that works.
- Maintain immersive listening and word recognition skills.
- Remind them that struggling with phonics is not their fault.
Protecting your child’s education and wellbeing is not confrontation — it is your **lawful right and duty**.
Disclaimer: This page is for general information only and does not constitute legal advice. For individual guidance, contact SENDIASS, IPSEA, or the Equality Advisory and Support Service (EASS). See the full Legal and Support Disclaimer for details.
