Mediation and disagreement resolution arrangements
Mediation aims to help resolve disagreements for children and young people that are being assessed for or have a My Plan (an EHC plan), whilst disagreement resolution arrangements are available for parents of all children and young people with SEN, not just those who are being assessed for or have a My Plan, where it has not been possible to resolve those issues though the normal routes such as a school or college complaints process.
Mediation and disagreement resolution meetings aim to resolve your disagreements in a quick, informal way using a neutral third party, a mediator, to help you reach a resolution that is mutually satisfactory.
Global Mediation service
Contact Global Mediation’s SEN Case Manager on 0800 064 4488. This service is free of charge and your conversation is confidential. For further information about Global Mediation please see the Global Mediation leaflet or visit their website.
If mediation is unsuccessful in resolving your dispute or complaint, you have the right to appeal and take your case to a tribunal.
Mediation and appeal process
If it has not been possible to reach an agreement with the local authority over the assessment process or the provision of, or content of, a My Plan (an EHC plan), you have the right to appeal to the SEND tribunal. This is the independent first-tier tribunal that hears and decides parents or young peoples’ appeals against the decisions of the Local Authority in relation to special educational needs.
1. Contact an independent Mediation Adviser.
In order to register an appeal you must first contact an independent Mediation Adviser and obtain a certificate to show that you have done so. The Mediation Adviser will provide you with factual information about mediation. You do not have to have mediation advice if your appeal is only about placement, the health and social care elements of a My Plan (an EHC plan) or if it is a disability discrimination claim.
Global Mediation’s Mediation Adviser can be contacted on 0800 064 4488. This service is free of charge and your conversation is confidential.
2. Decide whether to go to mediation or make an appeal to tribunal.
Once you have received mediation advice it is up to you to decide whether you want to go to mediation before any appeal you might make to the tribunal.
If you do want to try mediation, Global’s SEN Case Manager will make all the arrangements for you. If you do not want to try mediation, the Mediation Adviser will issue you with a certificate so that you can register your appeal.
Your right to appeal is not affected if you do not have mediation first and no inference will be drawn by the tribunal if you have not used the mediation services.