Introduction
Sometimes families of children and young people with SEND have questions, problems or complaints about the decisions made about their education and training. The ideal aim is to be able to resolve these through discussion between the relevant parties, through informal independent mediation processes, or by independent disagreement resolution.
Education providers, Somerset Council, and NHS Somerset all have their own complaints procedures. You can find more information on resolving SEND concerns. Complaints received by schools are managed by the headteacher and governors, and any concerns must be raised with the school in the first instance. If your concern cannot be resolved by talking with the school, then mediation can help.
Disagreement resolution services
Disagreement resolution is a free, private, and independent service. It helps families and young people with SEND resolve their concerns about support and services. Everyone involved must agree to take part.
The service helps children and young people with SEN resolve the following types of disagreement or prevents them escalating:
- How the early years setting, school, college or local authority is carrying out its education, health and care duties for children and young people with special educational needs. This can include any of the SEN duties – not just those around EHC needs assessments or EHC plans.
- The provision that the early years setting, school, or college is making. This applies to children and young people with any kind of SEND, not just those going through an EHC needs assessment or with an EHC plan.
- The health or social care provision during an EHC needs assessment, while EHC plans are being drawn up or reviewed, or while waiting for an appeal, or when children or young people are being reassessed. In these cases, the disagreement will be with Somerset Council or NHS Somerset, rather than the early years setting, school, or college.
It can be used at any time and is available whether or not you plan to appeal to the SEND Tribunal.
Mediation
Mediation is a is a free, voluntary and confidential process which parents and young people can use if agreement cannot be reached about EHC assessments, plans or annual reviews. It helps people communicate with each other better, and it can help re-build relationships that have broken down because of a disagreement. It is a formal process for resolving disagreements about decisions.
You enter into mediation ‘without prejudice’ which means that what takes place in mediation does not impact your further right to appeal with the SEND Tribunal. Information shared at mediation is not shared with the tribunal.
Considering mediation
If you want to appeal a decision made by the council, during the EHCNA process or with the wording in a final EHC plan, you must speak to a mediation adviser within two months of the decision. This will help you consider whether mediation might be a way to resolve your disagreement.
You do not have to take part in mediation and can choose to receive a mediation certificate instead. A mediation certificate is usually required before making an appeal. However, if your appeal only relates to Section I of an EHCP, a mediation certificate is not required.
If mediation solves the education issues, you can’t appeal about health or social care parts. But mediation is quicker than an appeal and doesn’t stop you from appealing about education. Some aspects of the disagreement can go to appeal even when other aspects are resolved.
Outcomes
If a mediation meeting takes place, then the parent or young person will be issued with a mediation certificate shortly after the meeting is concluded.
Any agreements made during mediation should be written down in a mediation agreement. The SEND Regulations 2014 set out how quickly these agreements should be carried out, unless everyone agrees different timescales in writing. If the agreement is about something that can be appealed to the SEND Tribunal, there are specific timescales that must be followed.
The council supports using mediation before making an appeal. It’s often quicker than going to a tribunal.
Mediation certificates
After you speak to a mediation adviser or take part in mediation, you’ll get a certificate. You’ll need this if you still want to appeal to the Tribunal.
You must appeal within:
- Two months of the decision, or
- One month after getting the certificate (whichever is later).
Support and more information
To discuss or request independent disagreement resolution please phone Global mediation on 0208 4411355 or email info@globalmediation.co.uk