Mediation
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What is mediation?
Mediation is a free and informal process that helps resolve disagreements between parents, carers or young people and the Local Authority (LA) or health services (previously known as Clinical Commissioning Groups or CCGs, now replaced by Integrated Care Boards or ICBs) about Education, Health and Care (EHC) Plans.
It can be used when parents, carers or young people don’t agree with a decision made by the LA or health services.
A trained, independent person called a mediator runs the meeting. Their job is to help everyone listen to each other and try to agree on a way forward, without needing to go to a SEND Tribunal.
When can you use mediation?
You can ask for mediation if the LA:
- refuses to carry out an EHC needs assessment
- refuses to issue an EHCP
- plans to Cease (stop) and EHCP
- makes changes to an EHC plan that you don’t agree with.
You can also use mediation if you disagree with:
- Section B – child or young person’s needs.
- Section F – the support or provision.
- Section I – the school or setting named.
Mediation is also available for disagreements about the health or social care parts of an EHC plan.
Mediation is completely free and is provided by an independent service. Using mediation does not affect your right to appeal.
How long does it take?
Mediation should happen within 30 calendar days of your request.
The mediation meeting usually lasts 2 to 3 hours.
Who can be there?
You can bring someone to support you such as:
- a friend or family member
- a support worker or advocate
Also attending might be:
- LA and/or health service staff
- an independent mediator (they run the meeting)
- school, college or social care staff (if relevant)
Preparing for mediation
Before the meeting you might want to:
- think about your main concerns and what you would like to happen
- gather your child or young person’s views and any supporting evidence
- make sure the LA sends someone who can make decisions.
During the mediation meeting everyone has the chance to speak and share their views. The mediator makes sure the discussion is fair, respectful and balanced. The goal of the meeting is to help everyone agree on clear next steps that support the child or young person.
If the Local Authority (LA) agrees to take action, they must follow legal deadlines set out in Regulations 42 and 44 of the SEND Regulations 2014. These deadlines are:
- start an EHC needs assessment: within 2 weeks
- issue a draft EHCP: within 5 weeks
- issue a final EHCP: within 11 weeks
- amend an EHCP:
- If changing the school or setting: within 2 weeks
- For other changes: within 5 weeks.
If the LA doesn’t follow through, this could be unlawful. You may be able to challenge their failure through a legal process called judicial review, which asks a court to decide if the LA has broken the law by not meeting its duties.
If no agreement is reached during mediation, a mediation certificate will still be issued. This certificate can then be used to appeal to the SEND Tribunal.
Do I have to mediate?
Mediation is optional. However, if you want to appeal to the SEND Tribunal you must first speak to a mediation advisor to:
- learn about your rights
- request a certificate if you choose not to mediate (you’ll need it to appeal).
The only exception is where an appeal is about section I (placement) of the EHC plan only, in this case a certificate is not required.
Contacting mediation
Step 1 – Contact mediation
Each LA works with its own mediation provider. Contact details for the mediation service will be included in the LA’s decision letter or EHC plan letter.
The mediation service can explain how mediation works and support the decision about whether to take part.
Step 2 – Decide what to do
If you don’t want mediation:
- inform the mediation adviser
- a mediation certificate will be sent, this must be sent within 3 working days (unless it’s only about placement)
- keep the certificate, you will need it if you want to appeal
- no certificate is sent if your issue is only about placement.
If you do want mediation:
- tell the adviser and the LA
- explain the issues you want to discuss in mediation, these are called your mediation issues.
- if health care provision is part of the disagreement, be specific about what support is being requested in the EHC plan.
Time limits for appeal
An appeal to the SEND Tribunal must be made within:
- 2 months of the LA’s decision letter
OR
- 1 month from the date on the mediation certificate
Whichever is these dates is later applies.
This means if mediation is considered but no agreement is reached, the mediation certificate gives you extra time to appeal.
