Mediation and disagreement resolution
If we decide not to undertake a statutory assessment we will write to you providing our reasons.
You have the right to appeal this decision through the First-tier SEND Tribunal service. Before you submit an appeal to the Tribunal service you must consider mediation.
When we write to you we will provide you with the full details of the mediation process together with contact details of independent mediation services who provide this.
Single Route of Redress - National Trial
The Government have extended the powers of the First-tier SEND Tribunal to enable tribunal judges to make non-binding recommendations about the health and social care aspects of Education, Health and Care (EHC) plans. More detailed information is on the Local Offer.
Next steps if you are unhappy with the decision not to assess and/or not to issue an EHC plan
You can contact the EHC team to discuss your concerns.
The following bodies can offer independent advice to help you with the resolution of your problem.
Information, Advice and Support Service (IASS)
Parents and young people can access informal support in resolving disagreements with the help of independent supporters.
Global Mediation provides mediation advice. This service is free of charge to users and can be accessed via a freephone number.
To appeal an EHC plan decision.
The Local Offer has more information on mediation and resolving disagreements.
Disagreement resolution is the process of exploring and addressing issues about any aspect of a child's SEN provision, including health and social care disagreements.
It is intended to provide a quick and non-adversarial way to resolve disagreements. They are independent, confidential and do not affect the outcome of a tribunal hearing.
Engaging with the service for parents and young people
Before you can register an appeal with the First-tier Tribunal service, you must contact a mediation advisor who will provide information on entering into mediation and/or obtaining a certificate from the mediation service.
The only exception to this is if an appeal relates only to section I of an EHC plan - you do not need to consider or contact the mediation services.
Any appeal to the First-tier SEND Tribunal service must be lodged within 2 months of receiving our decision letter or within 1 month of receiving the mediation certificate.
Partial agreement achieved through mediation can help to focus any subsequent appeal on any remaining areas of disagreement.
Appeals can be made via GOV.UK.
Find out more about appealing with the First-tier SEND Tribunal service
Last updated 13 February 2024