Mediation
Sometimes there are disagreements between the local authority (LA) and parent carers or young people over decisions made about special educational needs and disability (SEND) issues. We always recommend you ask for a meeting with a LA representative to discuss why you are unhappy with a decision they have made.
See what to do if you disagree with a decision for more information.
In some cases where agreement cannot be reached, mediation or a disagreement resolution service can help.
LAs must provide SEND mediation and disagreement resolution in relation to disputes with parent carers and young people.
Aims of mediation
Mediation is there to see if there is a way of resolving your disagreement with the LA specifically on decisions about:
Mediation aims to resolve disagreements in a quick, informal way using a neutral third party (a mediator), to help you reach a resolution. It is:
- confidential
- independent of the LA
- free to access
The SEND Team will give you details of how to contact the mediation service.
In Southend it is provided by KIDS SEND Mediation and Disagreement Resolution service.
Telephone: 03330 062 835
Email: mediationlondon@kids.org.uk
Website: www.kids.org.uk/send-mediation
What to expect
Mediation is a less formal way of working out a solution.
- an impartial person is appointed as a mediator
- the mediator arranges a meeting with you and a representative from the LA to discuss the issues.
- The mediator helps to keep the meeting calm, productive, and focused on finding a solution to the issue.
- The mediator does not judge or impose a solution, but ensures that any settlement is agreed between you and the LA
- The mediator makes a record of the meeting and the agreements reached
- a mediation certificate is issued shortly after the meeting
Do I have to use mediation?
You do not need to have a mediation meeting, but in most cases, you must consider mediation if you intend to appeal to the Special Educational Needs and Disability Tribunal (SENDIST). You can decline mediation, but you will still need to contact the mediation service to discuss this as you may need a mediation certificate if you wish to appeal.
You can register an appeal without considering mediation first if the appeal is only about:
- the name of the school or college named on the EHCP
- the type of school or college specified in the EHCP
- the fact that no school or other institution is named
What if mediation does not resolve the issue?
If mediation has not resolved your issue, you may consider appealing to the Special Education needs and Disability Tribunal (SENDIST).
Mediation is without prejudice to the Tribunal process and the Tribunal will disregard any offers or comments made during mediation. However, partial agreement achieved by use of mediation services can help to focus on the remaining areas of disagreement in any subsequent appeals to the Tribunal.