Mediation (special educational needs and disabilities)

It can cover a range of disputes including:

• If the local authority (LA) has refused to carry out an EHC needs assessment or to issue an EHC plan.
• If you already have an EHC plan, but the issue is that the provision set out in the EHC plan is not being provided.
• If you already have an EHC plan, but you are unhappy with what it says or the placement named in it.

When the local authority sends the parent or young person notice of a decision which can be appealed to the Tribunal it must tell the parent or young person of their right to go to mediation, and that they must contact a mediation adviser before registering an appeal with the Tribunal. The notice must give the contact details of a mediation adviser, contain the timescales for requesting mediation and the contact details of any person acting on behalf of the local authority who the parent or young person should contact if they wish to pursue mediation. The notice should also make clear that parents' and young people's right to appeal is not affected by entering into mediation.

A mediation adviser will explain how mediation works. If you want to go ahead, they'll bring you and the local authority together to discuss the dispute. The mediator is independent and so does not take sides, give advice or make judgements. Mediation is voluntary and is not legally binding.

At the end they'll give you a mediation certificate, which you'll need if you still want to appeal to the SEND Tribunal. An appeal can be registered with Tribunal either within two months of the original decision or within one month of receiving the certificate, whichever is the later.

You do not have to contact the mediation service if your appeal is only about the school or college named in the Education, Health and Care Plan (Section I).

Contact SEND and Inclusion Service for further information.

Mediation on health and social care elements in an Education, Health and Care (EHC) Plan

Parents and young people can also go to mediation about the health and social care elements of an EHC plan. You do not have to receive mediation advice before going to mediation.

If you are considering mediation, you must tell us about the matters you want to go to mediation about. In particular, you must tell us if you want to go to mediation about the fact that no health care provision or no health care provision of a particular kind, is specified in the plan.

If you do not want mediation

You will still need to Contact SEND and Inclusion Service to get a mediation certificate so that you can appeal.