Sometimes families and professionals do not agree about the help a child or young person with Special Educational Needs and Disabilities (SEND) is getting. This can be worrying, but there are ways to talk things through and find answers.

The local authority wants to speak with you as early as possible. They want to understand your worries and try to fix problems quickly. Many disagreements can be sorted out by talking to a teacher, social worker, or health worker. Every school or service will have its own way of dealing with concerns. This information is not meant to replace these.

Disagreement resolution can help families and young people work out problems with:

  • the local authority
  • a nursery
  • a school
  • or a college

This service is for all children and young people with SEND. You do not need an Education, Health and Care Plan (EHCP) to use it. Taking part is your choice.

What is disagreement resolution for?

You can use disagreement resolution if you and your family do not agree with:

  1. How a nursery, school, college or local authority is doing its job. This can be about education, health or social care for a child with SEND.
  2. The support your child is getting in nursery, school or college
  3. Health or social care support decisions made by the local authority or the Integrated Care Board (ICB)

You can only use resolution services about health or care provision:

  • during an EHC needs assessment
  • when an EHCP is being written or reviewed
  • when your child is being reassessed

Disagreement resolution is confidential and will not affect your rights if you go to the SEND Tribunal later.

Parents and young people can ask for disagreement resolution at any time. Unlike mediation, it is available at any stage in the EHC needs assessment process.

The local authority must make sure this service is available, but taking part is up to you.

Who is involved?

A disagreement resolution meeting may include:

  • parents or carers
  • the young person
  • the local authority
  • the Integrated Care Board (NHS)
  • the school or setting
  • the disagreement resolution service

In Derbyshire, the service is provided by Global Mediation.

What happens?

  1. You contact Global Mediation if you want help.
  2. They tell the local authority that you have asked for a meeting.
  3. If everyone agrees, Global Mediation arranges a meeting.
  4. In the meeting, you talk about your worries and possible solutions.

The meeting is confidential. Nothing that is said can be used in a SEND Tribunal.
You can bring reports, letters or someone to support you, such as:

  • a teacher
  • an Educational Psychologist
  • a SENDCo
  • a family member
  • or a friend

You can find more information in:

For impartial support regarding your child’s special educational needs, you can contact the Derbyshire Information, Advice and Support Service for SEND (DIASS) or Independent Parental Special Education Advice (IPSEA) who offer free and independent legally based information.

Disagreement resolution vs mediation - What's the difference?

Although the terms disagreement resolution and mediation sound similar, they mean different things under the Children and Families Act 2014.

  • Disagreement resolution is a voluntary service that can be used for a wide range of SEND disagreements at any time. Parents and young people do not have to use this service before appealing.
  • Mediation is specifically for parents or young people who are thinking about appealing to the SEND Tribunal