Mediation and tribunals

Mediation can be used to resolve disagreements about both the content of education, health and care plans (EHCPs) and the process around them. 

Mediation services remain confidential and operate independently from the county council, ensuring impartiality. Families can access mediation for free, and it does not affect their right to appeal to the SEN tribunal.

The mediation service gives everybody a chance to give their own views and listen to others. It is not confrontational but looks for solutions that everybody can agree to. It plays a vital role in giving an opportunity to resolve disagreements without the need for formal legal action and it can often help achieve quicker, more collaborative outcomes than a tribunal.  

The service is voluntary for families, offering them a supportive way to be heard and better understand decisions affecting their child. It supports better communication, including hearing the voice of the child, and also helps repair relationships and build mutual understanding.  

If a family wishes to engage with mediation, the county council must attend and participate in the meetings. 

Even if full agreement isn't reached, mediation can clarify issues and open the door to new solutions.  

When can mediation take place?

Mediation can take place: 

• If we decide not to carry out an EHC needs assessment
• If we decide not to draw up an EHC plan
• After a final EHC plan is issued or following an annual review
  • If we decide not to amend an EHC plan
  • If we decide to cease an EHC plan
  • If there is a disagreement about the education, health and social care elements of an EHC plan
  • If you disagree with the school named in the EHC plan

In any of the examples given above, you will receive a letter from us to say if there is a right to appeal the decision to SENDIST. It will also give details of the mediation service. 

If there is disagreement about the health and or social care provision of an EHC plan, going to mediation may help. It was not previously possible to appeal these aspects at the Special Educational Needs and Disability Tribunal (SENDIST). 
 
On 20 July 2021, the Department for Education confirmed the SEND Tribunal will continue to hear appeals and make non-binding recommendations about health and social care aspects of EHCPs, provided those appeals include education elements after the trial ends on 31 August 2021.

Full details have been published on the Department for Education website.

If you want to appeal

Parent carers and young people will need to consider mediation if they wish to appeal to SENDIST. They will need to discuss this with the mediation service. 

If you do not want to go mediation but do want to appeal to SENDIST:

• You will have eight weeks from the date of the letter from us that arrives with the final EHCP, to be issued with a mediation certificate to say you have considered mediation  
• A mediation certificate is not required if you are opposing the named school at tribunal

If you do want to go to mediation:

• You will have one month from the date on the mediation certificate

In both cases you will usually need the mediation certificate to be able to appeal. We have 30 days from when we are asked to take part in mediation, to fit in with the mediation arrangements. 

Mediation

In Norfolk, the mediation service is delivered by Anglia Care Trust (ACT) Mediation Service. To contact this independent organisation: 

• Use this link to submit a request for SEND mediation  
• Call 01473 618675 
• Email [email protected] 

If a young person or parent carer wishes to appeal to SENDIST, you must consider mediation unless it is only about placement (section I). 

ACT will be happy to talk through issues, answer any questions and let you know if mediation may help. It will then be your decision if you would like to continue with mediation. 

If you choose not to use mediation services, ACT will issue a certificate within three working days of your decision, confirming that they provided information about mediation. You can then appeal by producing a copy of the certificate. The appeal must be made within two months of the decision being sent or one month of receiving the certificate - depending on which gives the most time. 

Further information

For more information, visit www.norfolksendiass.org.uk or visit www.angliacaretrust.org.uk/send-mediation which will help you understand the details and guide you through the process.