Skip over main navigation
  • Log in
  • Basket: (0 items)
(IPSEA) Independent Provider of Special Education Advice
  • Facebook
  • Twitter
  • Instagram
Donate
Menu
  • Home
  • About us
    • Who we are
    • Our impact
    • Our vision and goals
    • Our funders
    • Work for us
    • Annual report
  • How we help
    • Get support
    • Our services
    • Policy work
    • Services for professionals
    • Case studies
  • Training
    • For parents and carers
    • For parent groups, schools and charities
    • For local authorities
    • For SEN professionals and private organisations
    • Subscribe to our legal updates
    • Contact the training team
  • Get involved
    • Why funds are necessary
    • Donate
    • Fundraising
      • Join team IPSEA for the London Legal Walk 2022
      • Fundraising ideas
      • Other ways to give
        • Online shopping
        • Gifts in your will
        • Gifts in memory
        • Gifts in celebration
    • Volunteer
    • Corporate support
    • Trusts and foundations
  • Latest
    • News
  • Contact
    • Contact us
    • Press enquiries
  • IPSEA Legal Resources Portal
  • Admin
    • Log in
  • Basket: (0 items)
  • Mediation
  1. How we help
  2. Get support
  3. Education, Health and Care plans
  4. Appealing to the SEND Tribunal
  5. Mediation

Mediation

Mediation is a less formal way of trying to settle the dispute between you and the LA (and/or the health authority, known as the clinical commissioning group (CCG)). It involves a meeting between you, the LA and/or CCG and an independent mediator, who will try to help you reach agreement on the points of dispute. The mediation may also be attended by other relevant parties such as representatives from the child or young person’s school or college. It is free of charge. You have a right to try mediation whenever the LA makes a decision which you could appeal to the SEND Tribunal, including if you only disagree with section I of an EHC plan.

In most cases you will need a mediation certificate before you can appeal. You can get this in two ways:

  • Undertake mediation, and if it does not settle all of the points in dispute, you will be issued with a certificate confirming you took part in mediation; or
  • Speak to a mediation advisor, and you will be issued with a certificate confirming you have been told about your right to mediate but you do not want to do so.

If you do not wish to mediate, you do not have to. You will need to ring the number the LA gives you on their decision letter (there should be alternatives if you cannot use a phone) and talk to a mediation adviser. They will tell you more about how mediation works, and if you are not interested you can simply explain that you do not want to mediate. They will then provide a certificate. If you have had a lot of discussions already with your LA you may feel mediation would be of little use and you want to save time, get your certificate, and appeal right away.

If you have never had a proper discussion with the LA about why they have reached their decision, mediation may help. You might also consider it to give yourself more time to appeal. The appeal deadline is two months from the date of the decision letter, or one month from the date a mediation certificate is issued, whichever is the later.

If you would like to mediate the LA must arrange this within 30 days of you asking for it. The LA cannot refuse mediation or make you attend some other form of meeting beforehand. You can bring someone to mediation to support you if you like. 

If you attend mediation and the LA agrees to settle the case and take the steps you are asking for, you must ensure that you get their agreement in writing, setting out clearly what they have agreed to do. Regulations 42 and 44 of the Special Educational Needs and Disability Regulations 2014 set out certain timescales that an LA must stick to after a mediation, if they have agreed:

  • To carry out an EHC needs assessment: the LA must notify the parent or young person that it is starting within 2 weeks, then either let the parent or young person know they have decided not to issue an EHC plan within 10 weeks, or send a finalised EHC plan within 14 weeks
  • To issue an EHC plan: the LA must issue the draft plan within 5 weeks and the finalised EHC plan within 11weeks
  • To change the name of a school in an EHC plan: the LA must issue the amended EHC Plan within 2 weeks
  • To amend an EHC plan: the LA must issue the amended EHC Plan within 5 weeks

If the LA agree to take certain steps in a mediation agreement but then fail to do so, they are acting unlawfully. This could be challenged via judicial review.

For more information about the process of bringing an appeal about an EHC needs assessment or EHC plan, see our general advice for all appeals.

Published: 23rd April, 2018

Updated: 11th April, 2022

Author: Emma Brock

Share this page
  • Email
  • Facebook
  • Twitter

Latest

  • SEND Tribunal – Update for volunteers, parents and carers

    SEND Tribunal – Update for volunteers, parents and carers

    IPSEA has prepared an update on how the SEND Tribunal is operating during the COVID-19 pandemic, including tips regarding remote hearings

  • IPSEA update on COVID-19 and SEN provision

    IPSEA update on COVID-19 and SEN provision

    Read our guidance on how the COVID-19 measures affect children and young people with special educational needs

  • Local authorities - SEND decision making and the law: 14th September

    Local authorities - SEND decision making and the law: 14th September

    Jointly developed with the Department for Education (DfE), this workshop assists local authority decision-makers to interpret and apply the legal requirements of the Children and Families Act 2014 to key decision points

  • EHC plan masterclass - existing plans: 15th September

    EHC plan masterclass - existing plans: 15th September

    For parents and carers who already have an EHC plan in place for their child, this training looks at the information a plan should contain, through to how to achieve that through annual reviews, re-assessments and appeals to the SEND Tribunal

Most read

  • Asking for an EHC needs assessment

    Asking for an EHC needs assessment

  • EHC needs assessments

    EHC needs assessments

    An EHC needs assessment is an assessment of a child or young person’s education, health and care needs

  • Making a request for an EHC needs assessment: Model letter 1

    Making a request for an EHC needs assessment: Model letter 1

  • Model letters

    Model letters

    IPSEA model letters are available to download and amend for your own purposes

  • Advice Line

    Advice Line

    Book an appointment on our Advice Line for legally based information and next step advice on any educational issue that is the result of a child’s special educational needs or disability

  • What happens in an EHC needs assessment

    What happens in an EHC needs assessment

  • Choosing a school/college with an EHC plan

    Choosing a school/college with an EHC plan

  • Contact us

    Contact us

  • The annual review process

    The annual review process

  • Appealing to the SEND Tribunal

    Appealing to the SEND Tribunal

    The SEND Tribunal is an independent national tribunal which hears parents’ and young people’s appeals against LA decisions about the special educational needs of children and young people

How you can help IPSEA

How you can help IPSEA

Have you found the information on our website helpful today? If so, please consider donating! At IPSEA, we rely on your donations and fundraising efforts to help keep our vital services running. Read more

Donate Fundraise

Published: 19th March, 2014

Updated: 11th March, 2020

Author:

Sign up to receive regular email updates from IPSEA

The Queen's Award for Voluntary Service
  • Facebook
  • Twitter
  • Contact us
  • Accessibility
  • Sitemap
  • Privacy policy
  • Complaints policy
  • Login
  • My details
  • Log out

IPSEA is registered charity number 327691
Limited company 2198066

Registered office: IPSEA, 24-26 Gold Street, Saffron Walden, CB10 1EJ