Mediation
Mediation services are focused on issues and disagreements relating to the Education, Health and Care (EHC) process. Families have the right of appeal to the First Tier tribunal (SEND Tribunal) if they disagree with the Local Authority’s (LA) decision within the EHC process.
An independent mediator helps those taking part discuss what the problems are and see how/if they can be resolved.
You have a right to try mediation whenever:
- a decision is made which you could appeal to the SEND Tribunal
- an EHC plan is made, amended or replaced
- if you disagree with the name or type of setting, or the fact no setting or type has been named in section I of an EHC plan
You can find out more about mediation on the IPSEA website.
Appealing to the SEND Tribunal
The First-tier Tribunal (Special Educational Needs and Disability) is an independent national tribunal which decides appeals against local authority (LA) decisions about the special educational needs (SEN) of children and young people.
You can appeal to the SEND Tribunal if you’re unhappy with a decision the LA has made in relation to an education, health and care (EHC) needs assessment or an EHC plan.
Parents have a right of appeal to the Tribunal when a local authority makes one of the following decisions, Refusal to:
- carry out an assessment of a child/young person’s educational, health and care needs- an EHC needs assessment
- reassess their EHC needs
- issue an EHC plan
- amend what is in a child or young person’s EHC plan following annual review
- maintain the EHC plan
The LA must comply with orders made by the SEND Tribunal.
If it is asked to do so, the SEND Tribunal can also make non-binding recommendations about health and social care. There are no fees for making an appeal or a claim. Parents can appeal these decisions themselves, or engage an advocate, representative or solicitor to support them. Having good evidence is key.
You can find out more about appealing to the SEND Tribunal on the IPSEA website.