Mediation
Mediation helps to settle disputes, while the SEND tribunal is a legal body that hears appeals against decisions made by local authorities.
Mediation is a less formal way of trying to settle the dispute between you and the local authority (LA). It involves a meeting between you, the LA and an independent mediator, who will try to help you reach agreement on the points of dispute.
The mediation may also be attended by other relevant parties such as representatives from the child or young person’s school or college. It is free of charge.
The LA must provide you with information about independent mediation. You will find this information on your decision letter from the LA.
If you attend mediation and reach an agreement you must ensure that you get their agreement in writing, setting out clearly what they have agreed to do. Regulations 42 and 44 of the Special Educational Needs and Disability Regulations 2014 set out certain timescales that an LA must stick to after a mediation, if they have agreed:
- to carry out an EHC needs assessment, the LA must notify the parent or young person that it is starting within two weeks, then either:
- let the parent or young person know they have decided not to issue an EHC plan within ten weeks
- send a finalised EHC plan within 14 weeks
- to issue an EHC plan, the LA must issue the draft plan within five weeks and the finalised EHC plan within 11 weeks
- to change the name of a school in an EHC plan, the LA must issue the amended EHC Plan within two weeks
- to amend an EHC plan, the LA must issue the amended plan within five weeks
In most cases you will need a mediation certificate before you can appeal to the SEND tribunal.
You can get this in two ways, either:
- undertake mediation, and if it does not settle all of the points in dispute, you will be issued with a certificate confirming you took part in mediation
- speak to a mediation advisor, and you will be issued with a certificate confirming you have been told about your right to mediate but you do not want to do so
You can read about the mediation process on the SEND Local Offer website.