Most disagreements about SEND provision can be resolved by talking with us, the education setting or professionals who work with the child.
If you need help with this, you can contact DiAS who offer impartial information and advice to parents or carers and young people.
It can sometimes, however, be difficult to reach an agreement, so we provide access to both disagreement resolution and mediation services. These services are free, confidential and independent.
Disagreement resolution
Disagreement resolution uses a trained and independent mediator to help resolve disagreements and find a solution in a quick and informal way. The use of this service is voluntary and must be agreed on by everyone involved.
Mediation
Mediation is a voluntary process for parents or carers and young people, which can be used if agreement cannot be reached about matters related to EHC plans. It is provided by an independent, trained and accredited mediator.
A request for mediation must be made within two months of the date of our decision notice.
If you decide to go to mediation, Global Mediation will make all the arrangements for you. The mediation will take place within 30 days and will be at a time and place that is convenient to you.
When is mediation available?
Mediation is available if there is a disagreement about our decision to:
- not carry out an EHC needs assessment or re-assessment
- not draw up an EHC plan after an assessment has been carried out
- not amend an EHC plan after an annual review or re-assessment
- cease to maintain an EHC plan
Mediation must also be available if parents, carers or young people disagree with:
- the parts of the EHC plan that describe the child or young person’s special educational needs
- the special educational provision set out in the EHC plan
- the health and social care elements of an EHC plan
To discuss or request mediation advice you can contact global mediation on 0800 064 4488 or email sen@globalmediation.co.uk. This service is free of charge and your conversation is confidential.
Appeal to the SEND Tribunal
If no resolution can be found, you have the option to appeal to the SEND Tribunal.
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 additional information, explain what is involved and answer any questions you may have about mediation.
Once you have contacted the mediation adviser you can choose whether you wish to go to mediation or not.
You will need a certificate from the mediation adviser before you can register your appeal with the SEND Tribunal. This will be issued within three days of you concluding mediation or telling the mediator you do not want to attend mediation.
You do not need to have a certificate from a mediation adviser before you register an appeal with the SEND Tribunal if the appeal is:
- solely about the name of the school, college or other institution named on the EHC plan
- about the type of school, college or other institution specified in the plan or the fact that no school or other institution is named
- solely about the health and social care elements of an EHC plan