What is mediation?

Mediation is a free, impartial service. It helps when families disagree with decisions about Education Health Care Needs Assessment (EHCNA) or Education, Health and Care Plans (EHCPs).

You can only ask for mediation after you receive a decision letter or a final EHCP.

Mediation can help if the local authority decides:

  • not to do an EHC needs assessment
  • not to issue an EHCP after an assessment
  • not to amend the EHCP after a review
  • to cease to maintain (stop) the EHCP

You can also use mediation if you disagree with what the EHCP says about:

  • your child’s education, health or social care needs (Sections B, C, D)
  • the education, health or social care support your child should get (Sections F, G, H1/H2)

Before you appeal to the SEND Tribunal, you must talk to a mediation adviser. They will give you a certificate to show that mediation has been considered. You don’t need to get mediation advice if your disagreement is only about the school or setting named in Section I.

Should I choose mediation or appeal?

A mediation adviser will explain your choices. You then decide if you want a mediation meeting or not.

If you decide not to try mediation, you still receive a mediation certificate. If you do try mediation, the local authority must take part.

You do not need mediation advice if the disagreement is only about:

  • the name of the school/college
  • the type of school/college
  • no school being named

Mediation timescales

  • You must have a decision letter from the local authority before asking for mediation. This could be a letter telling you that the local authority has decided not to undertake an EHC needs assessment. If you want to request a mediation meeting about the content of an EHC plan, you will need the final EHCP and the letter that accompanied it.
  • You have 2 months from the date of the letter to request mediation.
  • Mediation must take place within 30 days of your request.
  • If you want to appeal to the SEND Tribunal, you must do so within:
    • 2 months from the decision letter, OR
    • 1 month from the mediation certificate
      (whichever is later)

Using the mediation service

Global Mediation provides mediation in the East Midlands.
This service is free.

Telephone: 0800 064 4488 or 020 8441 1355, or
Email: sen@globalmediation.co.uk

What happens when you ask for mediation?

  • You contact the mediation service.
  • They explain what happens next.
  • If you don’t want mediation, they send a certificate within 3 working days.
  • If you do want mediation, and your case fits the rules, they arrange the meeting.
  • You can stop the process at any time and request a certificate. You can then appeal to the SEND Tribunal.

Before the meeting

  • The mediator helps everyone prepare.
  • Each side writes a short summary. The mediator will help you with this.
  • You can suggest who should attend

On the day

You can bring reports and someone to support you, such as:

  • a teacher
  • Educational Psychologist
  • SENDCO
  • a family member
  • or friend

The meeting is confidential and led by an independent mediator. It gives everyone a chance to solve the issue without needing to go to a tribunal. The meeting can last up to 2 hours.

After the meeting

  • You get a mediation certificate within 3 working days.
  • If the local authority agrees to make changes, this must be written down.
  • The local authority must then do what they have agreed.

Mediation vs disagreement resolution - 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 

SEND Appeals

What the Tribunal can do

  • The Tribunal can order changes in the education parts of the EHC plan.
  • If you ask, the Tribunal can also look at the health and social care parts. This is called the Single Route of Redress. You can only ask the Tribunal to look at health or social care if you are also appealing:
    • Section B (your child’s needs), or
    • Section F (the support they should get), or
    • Section I (the school or setting)

For health and social care, the Tribunal can only make suggestions. These are known as non‑binding recommendations, which means they are helpful advice that the council should consider, but does not have to act on.

There is a SEND Tribunal booklet called 'How to Appeal a SEN decision' and other guidance which can be found on the GOV.UK - First-tier Tribunal (Special Educational Needs and Disability). The Tribunal has also made a set of videos which explain more about what appealing to the SEND Tribunal is like.

For impartial support regarding your child’s special educational needs, you can contact: