Yes, you have the right to mediation whenever your local authority (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). This includes Section I, as you can appeal this in the SEND Tribunal. 

If you are only appealing Section I (and no other sections of the EHC plan),  you do not need a mediation certificate before you can make an appeal in the SEND Tribunal. This means that you do not need to consider mediation if you do not want to – you can go straight to appeal without thinking about mediation first, if you decide that is right for you. 

You have the right to mediation if you want it, though and you can call the mediation advisor for advice on mediation if you wish. If you decide you don’t want mediation then you don’t need to wait for a mediation certificate before you can appeal (because a certificate will not be issued). This is different to all other appeals, where parents and young people do need to consider mediation first and get a mediation certificate. 

If you decide you want to mediate about Section I only, you will not get a mediation certificate once mediation had taken place. This means that if agreement isn’t reached and you need to appeal following mediation, you need to make sure the SEND Tribunal receives your appeal form within 2 months of the date on your LA’s decision letter (or letter enclosing a final amended EHC plan). 

Please see our downloadable information pack on appealing Section I to help you prepare for mediation. 

You might also want to consider whether Sections B and F also need to be appealed (as the SEND Tribunal will look to them when making placement decisions).  If you do decide to appeal other sections of the EHC plan (and will therefore not be appealing Section I only), then you will need to consider mediation and get a mediation certificate before you can appeal.