Mediation

Parents and young peoples rights to mediation are set out in Section 52 of the Childrens & Families Act 2014

Mediation is a way to try to settle the dispute and involves meeting between the parent and the Local Authority and an independent mediator to try to reach an agreement. In most cases, you must have obtained a mediation certificate in order to appeal a Local Authority decision. 

Therefore, if you are considering appealing a Local Authority decision then you must contact Global Mediation within the two months right of appeal date of the LA decision letter.  

Global Mediation will offer you a mediation meeting but you don’t have to proceed with a mediation meeting if you don’t want to.   Sometimes parents may already have had discussions with the Local Authority and feel that mediation may not be beneficial and want to save time and go straight to appeal.   

If you decide to go straight to appeal then they will issue you with a mediation certificate confirming you have spoken to the mediation provider, and have been advised of your rights in relation to mediation and appeals.

This certificate must be issued within 3 working days of you telling them that you do not want to go to mediation.  The Certificate will enable you to lodge your appeal, either within two months of the original decision letter or within one month of receiving the certificate, whichever is the later.

If you decide to go ahead with the mediation meetings, Global Mediation will arrange the mediation meeting between you and the Local Authority (LA).  These meetings must take place within 30 days of the mediation adviser informing the LA that parents want to go to mediation.

If the local authority is unable to arrange a mediation meeting within 30 days it must tell the mediator and Global Mediation must then issue a certificate within 3 days.  You can then decide if you wish to appeal immediately or wait for the mediation to take place.   

After a mediation meeting, Global Mediation will issue you with a mediation certificate within three working days, which confirms that mediation has concluded.  This mediation certificate will give you an additional 30 days to appeal the decision if mediation is unsuccessful. 

Please be aware that if you are solely appealing against school named (Section I) then you will not need to obtain a mediation certificate.   This does not mean you are not entitled to mediate if you would like to.  However, it is important to remember that since a mediation certificate will not be issued, you must lodge your appeal within two months of the notice of appeal from the LA or the final EHCP plan.