Mediation and Rights of Appeal

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.

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.

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 and 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 parent’s or young people’s 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 Plymouth Information, Advice and Support for SEND on 01752 258933 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 or email: sen@globalmediation.co.uk. You can find out more about the service at: Global Mediation: Special Educational Needs.