SEND mediation and appeals

Mediation

Local Authorities must provide SEND mediation and disagreement resolution in relation to disputes with parent carers and young people.

The purpose of mediation is to see if there is a way of resolving your disagreement with the LA on decisions about:

Mediation aims to resolve disagreements in a quick, less formal way using a neutral third party (a mediator), to help you reach a resolution.

The mediation service in Southend is provided by Kids SEND Mediation and Disagreement Resolution.

The service is:

  • independent of the LA
  • free

Kids can be contacted on 03330 062 835 or at mediationlondon@kids.org.uk

The mediation process

an impartial person is appointed as a mediator

  1. the mediator arranges a meeting with you and the LA to discuss the issues. They help keep the meeting calm, productive, and solution-focused.
  2. the mediator does not judge or impose a solution, but ensures that any settlement is agreed between you and the LA
  3. the mediator makes a record of the meeting and the agreements reached
  4. a mediation certificate is issued shortly after the meeting

What if mediation does not resolve the issue?

You may consider appealing to the Special Education needs and Disability Tribunal (SENDIST).

Mediation is without prejudice to the Tribunal process. The Tribunal will disregard any offers or comments made during mediation. However, partial agreement achieved through mediation can help to focus on the remaining areas of disagreement in any subsequent appeals to the Tribunal.

Do I have to use mediation?

You do not need to have a mediation meeting, but in most cases, you must consider mediation before you appeal to the Special Educational Needs and Disability Tribunal (SENDIST). You can decline mediation, but you will still need to contact the mediation service to discuss this as you may need a mediation certificate if you wish to appeal.

You can register an appeal without considering mediation first if the appeal is only about:

  • the name of the school or college named on the EHCP
  • the type of school or college specified in the EHCP
  • the fact that no school or other institution is named