Disagreement resolution
Disagreement resolution and mediation
Disagreement resolution and mediation are two separate processes. Both aim to help resolve SEND issues, but they are used in different situations.
Mediation is linked to decisions about Education, Health and Care (EHC) plans and the SEND Tribunal. It is only available in specific situations where the Local Authority has made a decision that can be appealed.
Disagreement resolution is broader and can be used for any SEND-related issue, at any time, and is available to all children and young people with SEND, whether or not they have an EHC plan. It is not connected to the Tribunal process and does not require a certificate.
What is disagreement resolution?
Disagreement resolution is a free and voluntary service that helps resolve disagreements about SEND provision. It is designed to support early resolution and reduce the need for formal complaints or appeals.
This service is available to all children and young people with SEND, regardless of whether they have an EHC plan.
When can it be used?
Disagreement resolution can help with:
- disagreements between parents, carers or young people and schools, colleges or early years settings about the SEND support being provided
- disagreements with the Local Authority (LA) or health and social care services about how they are carrying out their legal duties under SEND law
- issues during an EHC needs assessment, or while an EHC plan is being developed, reviewed or reassessed
- disagreements between LAs and Integrated Care Boards (ICBs) about the content or delivery of EHC plans (even if parents or young people are not directly involved)
Disagreement resolution can be used at any stage of the SEND process, including while waiting for mediation or a Tribunal appeal.
Who runs the service?
Disagreement resolution is provided by an independent facilitator who:
- is not employed by the Local Authority
- has experience in SEND law and processes
- helps everyone share their views and work towards a solution
- does not make decisions or take sides
All parties must agree to take part, and attendance is voluntary.
What happens in a disagreement resolution meeting?
- The meeting is informal, confidential and focused on finding a way forward.
- Everyone involved has a chance to speak and be heard.
- The facilitator helps guide the discussion and keep it respectful.
- Any agreement reached is recorded and shared.
Legal duties
Under the Children and Families Act 2014, Local Authorities must make disagreement resolution services available. These services are also referenced in the SEND Code of Practice (Chapter 11) and the SEND Regulations 2014, which outline how and when they should be offered.
How to access disagreement resolution
Contact details for disagreement resolution services should be listed in the Local Offer.
