Seeking an education, health and care plan for your child is crucial step if your child needs further support to access education, but sometimes you may not agree with the provision or content supplied in the plan. Mediation is the first step to resolving these disputes.
It is a local authority’s responsibility to ensure that every child requiring an EHCP has a tailored plan created according to their needs, and while often this process runs smoothly and effectively, there are times when you may not necessarily agree with what has (or has not) been included, particularly if this has impacted the provision your child has been granted.
When disputes arise that cannot be resolved directly between you, your child and the local authority, mediation may be necessary before an appeal is made to a tribunal. This is a process in which an impartial professional (known as the mediator) works closely with both sides to reach an agreement that settles the dispute. All matters discussed during mediation are confidential, and this process is often significantly quicker than going to a tribunal.
There are a few exceptions to this rule. For instance, if you disagree with:
The school or institution named in the plan
The type of school or institution specified in the plan
The plan does not specify a school or institution, or type of school or institution
In these cases, you can usually appeal directly to the tribunal.
When should mediation be considered?
As mediation is far quicker than a tribunal and overseen by an impartial third-party, it can be considered for almost any dispute that has a material impact on the provisions outlined in the plan or the desired outcomes.
This can include, though is not limited to:
The description of your child’s special educational needs (Section B of an EHCP)
The provision described in Section I of an EHCP
Your local authority’s decision to cease maintenance of an EHCP
Your local authority’s decision to not issue an EHCP following an assessment
Your local authority’s decision to not conduct an assessment in the first place
What happens in mediation in EHCP?
If you decide to pursue mediation, you will need to discuss with a mediation advisor exactly what your dispute concerns and the ideal way forward. If they determine mediation is suitable, a meeting should be arranged with your local authority within 30 days. You should also inform them of why you wish to pursue mediation and the issues you wish to discuss during your meeting.
Your mediator will take you and your local authority through the discussion, clearly identifying the issues and helping both sides to determine an appropriate way forward. Any agreements reached will be recorded and signed up both parties. A mediation certificate should then be produced within three working days, regardless of the outcome.
What happens if we cannot reach an agreement in mediation?
If your dispute has not been fully resolved, you may still wish to make an appeal with the tribunal. You’ll need to send your mediation certificate and register the appeal within one month of receiving the certificate, or two months of the original decision letter from your local authority, whichever is the later.
Gurvinder Samra at Slater & Gordon has a brilliant way of asking specific questions that force local authorities to fulfil their statutory duties. After a complex two year battle, our LA agreed to fund the only appropriate provision for our child and this was expedited and seen over the line by Guv, saving our family from tribunals and further detrimental and unfair delays. She took the time to quickly understand the case and her interactions with our LA were respectful, clear and resolution driven.
5* Client review for Gurvinder Samra
We cannot thank Gurvinder Samra enough for her help securing a fantastic residential college placement for my 21-year-old daughter, who has cerebral palsy and complex needs. Before her involvement, we were struggling to get the care and resources we desperately needed, and felt lost in the process. Gurvinder navigated the complex legalities with professionalism and compassion, and truly listened and understood the needs of our family. A true advocate, she worked tirelessly and has definitely changed our lives beyond our wildest dreams.
5* Client review for Gurvinder Samra
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Gurvinder Samra at Slater & Gordon has a brilliant way of asking specific questions that force local authorities to fulfil their statutory duties. After a complex two year battle, our LA agreed to fund the only appropriate provision for our child and this was expedited and seen over the line by Guv, saving our family from tribunals and further detrimental and unfair delays. She took the time to quickly understand the case and her interactions with our LA were respectful, clear and resolution driven. 5* Client review for Gurvinder Samra
We cannot thank Gurvinder Samra enough for her help securing a fantastic residential college placement for my 21-year-old daughter, who has cerebral palsy and complex needs. Before her involvement, we were struggling to get the care and resources we desperately needed, and felt lost in the process. Gurvinder navigated the complex legalities with professionalism and compassion, and truly listened and understood the needs of our family. A true advocate, she worked tirelessly and has definitely changed our lives beyond our wildest dreams. 5* Client review for Gurvinder Samra