I have heard of way forward meetings and next steps meetings. Are these the same as mediation?

No. Mediation is a statutory process. Way forward and next steps meetings are the names some local authorities (LAs) give to informal dispute resolution. Here are some of the key differences: 

• You have the right to mediation whenever your LA makes a decision which you can appeal in the SEND Tribunal, or when an EHC plan is made, amended or replaced (this is set out in section 52 of the Children and Families Act 2014). If you want to take part in mediation, your LA cannot refuse to arrange it or refuse to participate in it. There is no right to a way forward meeting, a next steps meeting, or any other informal dispute resolution arrangement. These types of meetings might be offered by an LA but they are voluntary processes. 

• If you choose to mediate, an independent mediator will be on hand to help with the discussions and see if agreement can be reached. They will have knowledge of the SEN, health and social care legal framework. No such independent facilitator will be required to attend a way forward or next steps meeting. 

• Your LA must send to mediation a representative who has the authority to make decisions there and then, without the need to go back to a deciding panel. There is no such duty on your LA in informal dispute resolution meetings, and you may find decisions take longer to be made following these meetings because they need to be approved by a panel first. 

• Agreement reached in mediation is recorded in a legally binding mediation agreement, and your LA must comply with it and within a set timescale. If it doesn’t, you can take action. No legally binding agreement will be entered into following a way forward or next steps meeting, and there may be very little you can do to make sure your LA does what it said it would, and when. 

• Following mediation, you will receive a mediation certificate. You can use this to submit an appeal in the SEND Tribunal if the matter isn’t resolved in mediation. You will not get such a certificate following a way forward or next steps meeting, and you cannot make an appeal in the SEND Tribunal without it (unless the issue relates solely to Section I). 

• If you have participated in an informal meeting which seemed successful, be mindful that you may still find yourself wanting to appeal (for example if your LA changes its mind about what was agreed). The right to appeal is time-limited, so you should take care not to miss your appeal deadline whilst waiting for your LA to action anything it informally agreed to do. If your appeal deadline is getting close and your LA has not done what was agreed (or you are not sure if It will), we suggest you take steps to consider statutory mediation and (unless mediation resolves the issue) submit an appeal.