Mediation Advice

If it has not been possible to reach an agreement with the Local Authority over the assessment process or the provision of or content of an EHC Plan, you have the right to appeal to SEND. SEND is an independent first-tier tribunal who hear and decide parents or young peoples’ Appeals against the decisions of the Local Authority in relation to special educational needs.

In order to register an Appeal you must first contact an independent Mediation Adviser and obtain a certificate to prove that you have done so. The Mediation Adviser will provide you with factual information about mediation. You do not have to have mediation advice if your Appeal is only about Placement, the health and social care elements of an EHC Plan or if it is a disability discrimination claim.

Once you have received mediation advice it is up to you to decide whether you want to go to mediation before any Appeal you might make to the Tribunal.

If you do not want to try mediation, the Mediation Adviser will issue you with a certificate so that you can register your Appeal.

If you do want to try mediation, our SEN Case Manager will make all the arrangements for you.

Your right to Appeal is not affected if you do not have mediation first and no inference will be drawn by the Tribunal if you have not used the mediation services.

Mediation and disagreement resolution arrangements

Mediation aims to help resolve disagreements for children and young people that are being assessed for or have an EHC Plan, whilst disagreement resolution arrangements are available for parents of and all children and young people with SEN, not just those who are being assessed for or have an EHC Plan, where it has not been possible to resolve those issues though the normal routes such as a school or college complaints process.

Mediation and disagreement resolution meetings aim to resolve your disagreements in a quick, informal way using a neutral third party, a mediator, to help you reach a resolution that is mutually satisfactory.