Mediation and Rights of Appeal

Mediation

Mediation is a voluntary process for parents and young people, which can be used if agreement cannot be reached about matters related to EHC plans. It is provided by a trained and accredited mediator who is independent of the local authority and Clinical Commissioning Group.

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Mediation is available to parents or young people if there is a disagreement about the local authority’s decision:

  • not to carry out an EHC needs assessment or re-assessment
  • not to draw up an EHC plan after an EHC needs assessment has been done
  • not to amend an EHC plan after an annual review or re-assessment
  • to cease to maintain an EHC plan.

Mediation must also be available if parents or young people disagree with:

  • the parts of the EHC plan that describe the child or young  person’s special educational needs
  • the special educational provision set out in the EHC plan
  • the health and social care elements of an EHC plan.

A request for mediation must be made within 2 months of the date of the decision notice by the local authority.

Parents and young people can also register an appeal to the SEND Tribunal about the matters listed above. This is an independent first-tier tribunal who hear and decide parents’ or young peoples’ appeals against the decisions of the local authority in relation to special educational needs.

In order to register an appeal you must first contact an independent mediation adviser and obtain a certificate to show that you have done so. The mediation adviser will provide you with factual information, explain what is involved and answer any questions you may have about mediation.

Once you have contacted the mediation adviser you can choose whether you wish to go to mediation or not. You will need a certificate from the mediation adviser before you can register your appeal with the SEND Tribunal.

Global Mediation’s Mediation Adviser can be contacted on 0800 064 4488. This service is free of charge and your conversation is confidential.

There are some circumstances in which you do not need to have a certificate from a mediation adviser before you register an appeal with the SEND Tribunal. This is the case if the appeal is solely about the name of the school, college or other institution named on the EHC plan, the type of school, college or other institution specified in the plan or the fact that no school or other institution is named. In addition you do not need to seek mediation advice if the appeal is solely about the health and social care elements of an EHC plan.  

If you are unsure whether these exceptions apply you can contact Cornwall SENDiass or Global Mediation for more information and advice.

If you decide to go to mediation, Global Mediation will make all the arrangements for you. The mediation will take place within 30 days and will be at a time and place that is convenient to you.

To discuss or request mediation advice and meditation please contact Global Mediation on 0800 064 4488. 

The Tribunal hears appeals against decisions made by local authorities in England in relation to children’s and young people’s EHC needs assessments and EHC plans.  Parents (in relation to children from 0 to the end of compulsory schooling) and young people (over compulsory school age until they reach age 25) can appeal to the Tribunal, following contact with a mediation adviser in most cases (see above for details).

Parents and young people can appeal to the Tribunal about: 

  • a decision by a local authority not to carry out an EHC needs assessment or re-assessment
  • a decision by a local authority 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 an EHC plan, the special educational provision specified, 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 these elements 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.

The Tribunal does not hear appeals about Person Budgets, but will hear appeals about the special educational provision to which a Personal Budget may apply.

Parents and young people who are unhappy with decisions about the health and social care elements of an EHC plan can go to mediation.  They can also complain through the health and social care complaints procedures.

The following conditions apply to appeals: 

  • the parent or young person can appeal to the Tribunal when the EHC plan is initially finalised, following an amendment or a replacement of the plan
  • appeals must be registered with the Tribunal within two months of the local authority sending a notice to the parent or young person of the decision about one of the matters that can be appeal to the Tribunal or within one month of a certificate being issued following mediation or the parent or young person being given mediation information
  • the right to appeal a refusal of an EHC needs assessment will be triggered only where the local authority has not carried out an assessment in the previous six months
  • when the parent or young person is appealing about a decision to cease to maintain the EHC plan the local authority has to maintain the plan until the Tribunal’s decision is made 

You can obtain information from the Tribunal Service.

Cornwall SENDiass can also give you more information and advice about what is involved and the options open to you.

Single Route to Redress - National Trial

The Government are extending the powers of the First-tier Tribunal (SEND), sometimes referred to as the ‘SEND Tribunal’, to make non-binding recommendations about the health and social care aspects of Education, Health and Care (EHC) plans as part of a two-year national trial. The trial will apply to decisions made or EHC plans issued/amended from 3 April 2018. 

To date, you have only been able to appeal the educational aspects of EHC plans. The trial gives you new rights to request recommendations about the health and social care needs and provision specified in EHC plans, in addition to the educational aspects, when making a SEND appeal. This gives you the opportunity to raise all your concerns about an EHC plan in one place.

It is only possible for the Tribunal to consider the health and/or social care aspects of the EHC plan where you are already making an appeal in relation to the education aspects of the EHC plan and the education aspect must remain live throughout the appeal.

You can ask the Tribunal to make non-binding recommendations on health and/or social care aspects of EHC plans as part of an appeal relating to:

  • a decision by the local authority not to issue an EHC plan
  • a decision by the local authority not to carry out a re-assessment for a child/young person who has an EHC plan
  • a decision by the local authority not to amend an EHC plan following a review or re-assessment
  • a decision by the local authority to cease to maintain an EHC plan
  • the description of the child/young person’s special educational needs in an EHC plan
  • the special educational provision specified in an EHC plan
  • the school or other educational institution named in an EHC plan

If you wish to appeal against a local authority decision on any of the grounds above and want to request that the Tribunal considers your concerns about the health and /or social care aspects of the EHC plan, you should follow the normal process for bringing an appeal to the Tribunal and tick the box on the form relating to a health and/or social care appeal. Advice on making SEND appeals to the Tribunal is available from the GOV.UK website.

There will be an independent evaluation of the trial to inform a decision on whether the new tribunal recommendation powers should be continued after the trial. It is important that the evaluation is based on robust evidence, and the evaluators are therefore strongly encouraging participation from parents and young people through telephone or online interviews.

Parents and young people that take part in the trial will receive a letter from the Tribunal explaining more about the evaluation and how their personal data will be stored confidentially and how it will be protected.