Skip to content
Essex SEND IASS
Contact us
Contact us

Many disagreements can be sorted out by talking with the school, college, local authority, or, for health services, the Clinical Commissioning Group.

The SEND Code of Practice says:

Decisions about provision for children and young people with SEN should be made as soon as possible. In most cases this will be achieved by early years providers, schools, colleges, local authorities and clinical commissioning groups (CCGs) working closely together and agreeing what should be provided with parents and young people.       

 

(11.3)

Sometimes it can be difficult to reach agreement. We can help you by providing impartial information, advice and support.

The SEND Code of Practice says:

Local authorities must make disagreement resolution services available to parents and young people. Use of the disagreement resolution services is voluntary and has to be with the agreement of all parties. The service, while commissioned by it, must be independent of the local authority – no-one who is directly employed by a local authority can provide disagreement resolution services.                       

 

(11.6)

 
Global Mediation is an independent service that will provide a trained mediator to facilitate a discussion. The purpose is to look for a way forward that all the parties accept. The service is free and confidential - and you can choose whether to use it.

The disagreement resolution service is there to help resolve three kinds of disagreement between parents or young people and the organisations that are responsible for making provision for children and young people with special educational needs. These are about:

  • how early years providers, schools and further education institutions carry out their duties for children and young people with SEN. For local authorities this includes keeping education and care provision under review, assessing needs and drawing up Education, Health and Care plans. For governing bodies and proprietors of schools it includes using their “best endeavours” to meet children and young people’s SEN.
  • the special educational provision made for a child or young person by early years providers, schools or further education institutions. This includes children and young people receiving SEN support and those with EHC plans.
  • health or social care provision when this part of an EHC needs assessment, while EHC plans are being drawn up, reviewed or when children or young people are being reassessed.

Disagreement resolution services can also be used:

  • during EHC needs assessments
  • while EHC plans are drawn up
  • while waiting for Tribunal appeals
  • at review
  • during reassessments. 

You can find out more about disagreement resolution services in the SEND Code of Practice sections 11.6 to 11.10.

Mediation

Mediation is a type of disagreement resolution for disagreements that can be appealed to the Special Educational Needs and Disability Tribunal. The service is free and confidential. 
The SEND Code of Practice says:

If parents and young people want it to, mediation can take place following decisions by a local authority not to carry out an EHC needs assessment, not to draw up an EHC plan, after they receive a final EHC plan or amended plan, following a decision not to amend an EHC plan or a decision to cease to maintain an EHC plan.         

 

(11.13)

If you wish to register an appeal with the First Tier Tribunal (SEN and disability) you first have to consider whether to enter mediation and obtain a certificate saying you have considered it. This is called mediation advice. If you decide not to go into mediation and tell the mediation adviser, they will send you a certificate within 3 working days and you can then register your appeal. You do not have to go into mediation if you do not want to – you only have to consider whether to or not.

The local authority must tell you about mediation and who to contact for the initial advice when they send you their decision. You must contact the mediation adviser within two months of getting the decision. Your time limit for appealing to the Tribunal is two months from the date of that decision, or one month from the date of the mediation certificate, whichever is the later.

There is one exception to this rule. 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 plan, the type of school or college specified in the plan or the fact that no school or other institution is named.

If you choose mediation the local authority (or Clinical Commissioning Group) must take part. The meeting will be arranged within 30 days.

An independent mediator runs the meeting. When the meeting has finished the mediator issues you with a certificate within 3 working days. You need this certificate if you still want to register an appeal with the First Tier Tribunal.  Your time limit for appealing to the Tribunal is two months from the date of the decision you disagree with, or one month from the date of the mediation certificate, whichever is the later.

Mediators must be trained and accredited and are independent of the local authority and Clinical Commissioning Group.

If you go over the two month deadline for considering mediation, or want to appeal without a certificate, the law says you can still approach the Tribunal to see if you can register your appeal.

You can find out more about mediation in the SEND Code of Practice sections 11.13 to 11.38.

Do I have to choose between making a complaint, using disagreement resolution, appealing to the Tribunal and mediation?

Usually you can follow more than one route. For example you can still make a complaint if you have already tried disagreement resolution. We can explain your rights and the different procedures.
 
Further information on mediation for appealing an EHCP

Also in this section:

Raising Concerns

Advice and support on what you can do if you're unhappy with the help your child or young person receives.

Making a Formal Complaint

Guidance on how to make a formal complaint to an education setting or local authority

Local Government Ombudsman

If you have followed the local authority complaints procedure and are still dissatisfied, you can complain to the Local Government Ombudsman. Find out more here

Judicial Review

As this is a formal legal route, it is strongly advisable to seek legal representation if you are considering this option.

Appeals

A brief overview of appeals to the SEND Tribunal.

Disability Discrimination Tribunal Claims

Nurseries, Schools and Colleges must take steps to ensure disabled children and young people are not substantially disadvantaged due to their disability.

Where to get further advice

You can find out more about making a complaint about provision at your child’s school on its website or by asking about its complaints procedure.