SEND Mediation
Free mediation for families and local authorities in disagreements about education, health, and care for children and young people with special educational needs and disabilities.
What is SEND mediation?
SEND mediation is a process designed to help families and local authorities reach agreement in disputes about special educational needs and disability (SEND) provision, most often in relation to Education, Health and Care Plans (EHCPs). It is available to anyone who is considering an appeal to the SEND Tribunal.
Parents and young people are required to consider mediation before registering most appeals, and it normally leads to a much quicker resolution than a tribunal.
Good to know
Mediation is free to parents and young people. It is paid for by the local authority, as set out in the Children and Families Act 2014.
30 days
to a mediation appointment
the statutory time limit, or you go straight to tribunal
24hrs
for a mediator to make first contact
£0
cost to families, funded by the local authority
Appealing a decision
You may have had a letter from the local authority informing you of a decision they have made in relation to an EHCP, advising you to contact a mediation adviser if you disagree. To appeal a decision you do not agree with, you can either:
- Ask the mediation adviser for a mediation advice certificate, so that you can go straight to tribunal
- Ask for mediation first, which does not affect your right to appeal to tribunal later if you need to, and normally leads to a quicker resolution
- In certain circumstances, local or independent disagreement resolution may be more suitable
In all cases, the first step in resolving your dispute is a free advice and information meeting, where we will listen to and understand your case.
What to do next
Appealing a decision starts with a phone call for free mediation advice.
Step one
Make one free call
Call us on 01952 303038. We can usually arrange an appointment with an adviser on the same day you call. Calls after 5:00pm and at weekends are returned the next working day.
Step two
Talk it through
Our mediation advisers take the time to listen to your situation, explain the options on offer (including any local disagreement resolution processes) and answer your questions.
Step three
You decide
Mediate, ask for a mediation advice certificate, or resolve things directly with the local authority. The choice is always yours. We will not put any pressure on you.
Which options are available
If you decide to try to resolve your disagreement directly with the local authority, we can give you details of how to contact them, directly or through your local information, advice and support service (IASS).
If you choose to mediate, we will notify the local authority and arrange for a mediator to contact you within 24 hours to explain what happens next.
Some cases are not eligible for mediation. For those we offer independent disagreement resolution, which is very similar to mediation but can cover a wider range of circumstances.
If you want to go straight to the SEND Tribunal, we will issue you with a mediation advice certificate, which you will need to lodge your appeal.
What happens in mediation
-
1
We set up the meeting
We inform the local authority and set up a meeting, usually within 30 days. If we are unable to arrange the meeting within 30 days, we will issue you with a certificate that allows you to go straight to tribunal.
-
2
Your mediator makes contact
One of our mediators will take on your case and guide you through the process. Your first phone call with them lets the mediator make sure they understand your situation and needs. They will also ask who you would like to be present at the meeting, and contact them to gather information and invite them.
-
3
Everyone is heard
During the meeting it is the mediator's responsibility to ensure that everyone has a chance to speak and to be understood. Mediators are not there to tell anyone what to do, but to help everyone directly involved make a decision in the best interests of the child or young person.
-
4
You get it in writing
At the end of the meeting you will receive a formal written record of all the issues that have been agreed. If no agreement has been reached, or you have agreed on only some of the issues, you will receive a summary of the decisions made, together with a mediation advice certificate.
One and a half weeks from refusal to assess for EHCP to agreement. Hugo agreed a date with the LEA extremely promptly, listened sympathetically to my case, and chaired the meeting expertly.
You keep your rights
Trying mediation never affects your right to appeal to the SEND Tribunal, and you will have at least the same amount of time left to register your appeal as you did when you decided to try mediation. Your mediator will guide you through the process and ensure that you are supported during the meeting.
Disagreement resolution
Disagreement resolution is a voluntary process available to parents and young people for resolving disagreements about any aspect of SEND provision, not just for children and young people who have, or are being assessed for, an EHCP.
It is a very similar process to mediation but, unlike mediation, the local authority does not have to take part. If you request disagreement resolution, we first need their agreement to participate.
We provide both mediation and disagreement resolution services.
Not sure which service?
Mediation or disagreement resolution? When you contact us, we will help you work out which is right for your situation.
Online mediation
We work with local authorities across England and Wales and complete most of our mediations by secure online video conferencing.
Online mediation removes the need for travel and is often easier to arrange around school and work, and in-person meetings remain available where they are the better option. All sessions are held in a secure, confidential setting.
Our SEND mediators include former SENCOs, headteachers, local authority SEND officers and SENDIASS leads, and all of them work within the statutory framework that governs local authority decisions.
Young people aged 16 and over
When a young person turns 16, rights under the Children and Families Act transfer to them. They can request mediation in their own name and attend mediation as the lead participant.
We work with young people directly and take particular care to make sessions accessible and focused on outcomes that matter to them.
What is an EHCP?
External resources
What families say
I was really happy with the mediation process facilitated by Hugo at Prime Resolution. He agreed a date with the LEA extremely promptly, listened sympathetically to my case, and explained the procedure and the various options clearly. He chaired the meeting expertly. One and a half weeks from refusal to assess for EHCP to agreement.
Kate
Working with Prime Resolution was a really positive experience. Mia was very professional and thorough in the role that she played and really put our minds at rest during what we considered a pivotal and nervous time for us.
Grant
I can't thank Prime Resolution enough for their help and support. Nikki was our mediator and from the very first phone call she made us feel so much more comfortable with the mediation process. During the meeting Nikki was brilliant. We had a fantastic outcome and I couldn't be happier.
Angela
Book a free introductory call
Not sure whether you need mediation or disagreement resolution? Book a free 20-minute call with one of our SEND specialists.