Mediation is a type of disagreement resolution. Mediation can take place following decisions by a local authority not to carry out an Education, Health and Care (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 stop maintaining an EHC plan.
If you wish to register an appeal with the First Tier Tribunal (SEN and disability) you first have to consider mediation. This is called mediation advice. Once you have had the mediation advice you can decide whether you want to go to mediation.
You do not need to seek mediation advice first if the appeal is only about the name of the school, or college, named on the plan, the type of provision 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 to register an appeal to the First Tier Tribunal.
If you decide not to go to mediation the mediation adviser will issue you with a certificate within 3 working days. You will need this certificate to register an appeal to the First Tier Tribunal.