Yes. Local authorities (LAs) must arrange for mediation to take place within 30 days from the date parents or young people tell their LA that they want to mediate. If an LA is not able to arrange for mediation in this time: 

  • the LA must tell the mediation advisor as soon as possible once it realises this
  • the mediation advisor must send to you a ‘deemed mediation’ certificate within 3 working days of the LA’s notice, and
  • you can use this certificate to lodge your appeal. 

However, The SEND Regulations 2014 make clear that you can still choose to mediate in this situation. Regulation 39(3) says that you must be given the mediation certificate “whether or not the child's parent or the young person later participates in mediation”. So, you do not lose your right to mediation simply because the LA is late arranging it.