I have heard of way forward meetings and next steps meetings. Are these the same as mediation? Expand 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.
I am unhappy with the school named in Section I of my child’s EHC plan. Is mediation available for this? Expand 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.
My local authority was not able to arrange for mediation within 30 days of me asking for it. Can I still mediate, even if it is late? Expand 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.