Mediation is a meeting/session that can take place following any appealable decision (to the first tier SEND tribunal) made by a local authority. It’s a way of trying to reach a resolution before proceeding to an appeal.

For parents and young people mediation is voluntary, however, you must consider mediation and collect a mediation certificate, even if you chose not to have a mediation meeting. A certificate is required to proceed to an appeal. You do not have to consider mediation for appeals relating only to Section I/Educational placement, although you still have a right to this.

In the decision letter received from the local authority there must be contact information included for the mediation service. North Lincolnshire Council use the mediation service Community Accord, who can talk to you about the process and arrange the mediation meeting.

If you are considering mediation and/ or appeal, the mediation service must be contacted within two months of the Local authority’s decision letter.

If during a mediation session the Local Authority doesn’t change their decision, then parents/carers or a young person has a right to appeal to the First Tier SEND Tribunal.

If you choose to appeal a decision to the SEND Tribunal without having a mediation meeting, you will be issued a mediation certificate within 3 days of the contact with the mediation service. This certificate will be needed to lodge the appeal.

Mediation Key Points

• Mediation is free and can be useful in reaching a resolution before proceeding to an appeal

• It is less formal than a tribunal

• At the mediation there should be a decision maker from the Local Authority and you are able to invite other parties involved (for example the school or health professionals)

• The mediator will ensure that everyone has a say and there will be a mediation agreement at the end of the session, which will be sent to all parties

• At the end of the mediation meeting the Local Authority representative can change their original decision, chose not to change their decision and other actions may also be identified and recorded in the mediation agreement

Appeals to the SEND Tribunal

The Special Educational Needs and Disability (SEND) tribunal is an independent national tribunal, it makes decisions about SEN Appeals.

The tribunal also hears claims of Disability Discrimination against schools, you can find out more about Disability Discrimination on our Reasonable Adjustments and the Equality Act page.

What decisions can be appealed?

Parents and young people (16 – 25) can appeal to the Tribunal about:

• A decision by a local authority not to carry out an EHC  needs assessment or re-assessment, also known as refusal to assess

• A decision that it is not necessary to issue an EHC plan following an assessment

• The description of a child or young person’s SEN specified in section B and the special educational provision specified in section F, of the EHC plan

• The school or other institution or type of school or other institution (such as a mainstream school/college) specified in the plan or that no school or other institution is specified

• An amendment to sections B, F or I of the EHC plan.

• A decision by a local authority not to amend an EHC plan following a review or re-assessment

• A decision by a local authority to cease to maintain an EHC plan

If your appeal is about Section I only, we usually advise that you consider making a contents appeal at the same time. This is because the needs (Section B) and provision (Section F) would be looked at as part of the appeal which may help your case about why your preferred placement should be named.

If your appeal is about refusal to carry out an EHC needs assessment (also known as refusal to assess), this type of appeal is usually “on the papers” which means that there is not actual hearing, however, if you would like a hearing, you can request one.

When can I appeal?

Appeals must be made within two months of the date of the local authorities’ decision letter or the receipt of the final EHCP plan (for appeals relating to section I of the EHCP), or one month from the date you obtain a mediation certificate (for all other appeals relating to the EHCP), whichever is later.

Mediation might help to resolve your disagreement with the local authority before an appeal is made, it is voluntary but has to be considered for all appeals, except placement only (section I) appeals.

How do I lodge an appeal?

In order to lodge an appeal, you need to complete the appropriate form.

If you are appealing a refusal to assess decision, you can use the SEND35a form

If you are appealing any other decision, you can use the SEND35 form

Appeal Key Points:

• The tribunal makes decisions based on the law and has the power to order a Local Authority to change a decision, for example, to carry out an EHC Needs Assessment or to change the school named in a plan.

• Appealing to the Tribunal is free and does not require legal advice to be sought, some people are eligible for legal aid

• There can be very long waits for appeal hearings, times frames vary depending on the number of appeals. There are some types of appeals that can be expedited/ given an earlier hearing date, for example, phase transfer appeals (where a child or young person is moving to the next stage of education)

• Appealing to the tribunal is different to making a complaint, you can only appeal in certain situations for example, you cannot appeal to the tribunal about how the support in an EHCP is being delivered by the Local Authority

You can get more information about Mediation and Appeals by;

Visiting the IPSEA website Appealing to the SEND tribunal

You can contact ISPEA for advice – Our helplines and services

Reading chapter 11 of the  SEND Code of Practice

Visiting the Gov website guide How to appeal a special educational needs (SEN) decision (SEND37) – GOV.UK

Contacting SENDIASS, we can discuss your individual circumstances and give information, advice and support

You may be eligible for legal aid, the link below provides further information about legal aid and the SEND Tribunal  Where can I get help?