Mediation process and procedure
The Mediation Process
Parents and young people can go through mediation following decisions made by the local authority:
- a decision not to carry out an EHC needs assessment
- a decision not to draw up an EHC plan
- a decision not to amend an EHC plan
- a decision to cease to maintain an EHC plan
Mediation arrangements are specifically linked to decisions made about education, health and care needs assessments and plans. The parent or young person must contact the mediation advisor to discuss the disagreed elements of either the education and social care elements of the EHC plan, or health and one or both of the education and social care elements. If the parent or young person wishes to appeal the health element of the plan, then it is the responsible health body/ bodies to arrange mediation between them and the parent or young person.
If the parent or young person proceeds with mediation then the local authority have a duty to ensure the mediation session takes place within 30 days of the mediation adviser informing them of the parent or young person’s decision. The local authority or the mediator will then take responsibility for organising the mediation session.
The role of the mediator:
- Play a key role in clarifying the nature of the disagreement in preparation for the mediation session, and clarifying on who needs to be there
- Have a knowledge of the legislation relating to SEN, health, and social care to be able to conduct the mediation session
The parent or young person must be accompanied by a friend, adviser or advocate in the mediation sessions. If the local authority has no reasonable objection, the child can accompany their parent/s to the mediation session upon request.
Parents and young people who wish to make an appeal to the Tribunal may do so providing they have contacted a mediation adviser and discussed whether mediation might be the suitable way to resolve the disagreement.
Parents and young people must receive a certificate from the mediation adviser to register their appeal to the Tribunal. If the parent or young person decides not to go to mediation following contact with the mediation adviser, then they will be issued a certificate within three working days to confirm the parent/young person decision and the information that has been provided.
To speak to a mediation advisor please contact KIDS on 0207 359 3635.
‘KIDS’ is an organisation contracted through the Local Authority to deliver mediation advice and support.
Address: 7-9 Elliott's Place, London, N1 8HX
Website: Please leave your contact details and the nature of your enquiry on the KIDS website