SEND mediation and appeals

Disagreement resolution arrangements cover all children and young people with special educational needs and disabilities (SEND), not just those who are being assessed for or have an Education Health and Care Plan (EHCP). They can provide a quick and non-adversarial way of resolving disagreements between families and the local authority (LA).

The use of the disagreement resolution service:

• is voluntary and;
• has to be with the agreement of all parties

The service is commissioned by the LA but is independent of it. Disagreement resolution services cannot be provided by anyone who is directly employed by a LA.

In Southend the disagreement resolution service is provided by KIDS SEND Mediation and Disagreement Resolution Service.

Call: 03330 062 835

Email: mediationlondon@kids.org.uk

Website: www.kids.org.uk/send-mediation

Aims of the disagreement resolution service

The disagreement resolution service is there to help resolve 4 types of disagreement, or prevent them from escalating further:

1. Disagreements between parent carers or young people and;

• LAs
• the governing bodies of maintained schools
• the governing bodies of maintained nursery schools
• early years providers
• further education institutions
• the proprietors of academies (including free schools)

They are about how these authorities, bodies or proprietors are carrying out their education, health and care duties for children and young people with SEND, whether they have EHCPs or not. These include:

• duties placed on the LA to keep their education and care provision under review
• the duties to assess needs and draw up EHCPs
• the duty on governing bodies and proprietors to use their best endeavours to meet children and young people's SEND

2. Disagreements between parents or young people and;

• early years providers
• schools
• post-16 institutions

They are about the special educational provision made for a child or young person, whether they have an EHCP or not.

3. Disagreements between parent carers or young people and;

• Clinical Commissioning Groups
• LAs

They are about health or social care provision:

• during EHC needs assessments
• while EHCPs are being drawn up or reviewed or;
• when children or young people are being re-assessed

Disagreement resolution services can also be used to resolve disagreements over:

• special educational provision throughout assessments
• the drawing up of EHCPs while waiting for Tribunal appeals and;
• at review or during re-assessments

4. Disagreements between local authorities and health commissioning bodies during;

• EHC needs assessments or re-assessments
• the drawing up of EHCPs
• reviews of those plans for children and young people with SEND

In relation to EHCPs, this includes:

• the description of the child or young person's education, health and care needs and;
• any education, health and care provision set out in the plan

These disagreements do not involve parent carers and young people.