Arranging Mediation

Disagreement Resolution

Mediation Advice

Arranging Mediation (You are here)

If the parent or young person decides to proceed with mediation then the mediation adviser will contact the local authority and the local authority will ensure that a mediation session takes place within 30 calendar days. The local authority must also take part.

Parents or young people do not have to pay for the mediation session.

If the local authority is unable to arrange mediation within 30 days it must tell the mediator. The mediation adviser must then issue a certificate within three days. On receipt of the certificate the parent or young person could decide whether to appeal immediately or to wait for mediation to take place.

If the parent or young person initially indicates that they want to go to mediation about a matter which can be appealed to the Tribunal but changes their mind, they can contact the mediation adviser who can then issue a certificate with which an appeal can be registered.

A mediation session or sessions which arise out of these arrangements must be conducted by independent mediators. This will be arranged at a place and a time which is convenient for all parties to the dispute. Reasonable travel expenses will be paid.

The parent or young person may be accompanied by a friend, adviser or advocate and, in the case of parents, the child where the parent and the mediator agree. In cases where parents are the party to the mediation and it is not appropriate for the child to attend in person the mediator should take reasonable steps to get the views of the child. Young people with learning difficulties, in particular, may need advocacy support when taking part in mediation.

Once mediation is completed the mediation adviser must issue a certificate within three working days confirming that it has concluded. If the parent or young person still wants to appeal following the mediation they must send the certificate to the Tribunal when they register their appeal.

Parents and young people have one month from receiving the certificate to register an appeal with the Tribunal. The Tribunal may cover similar ground to that explored in the mediation but will reach its own independent findings and conclusions.

Parents and young people can also go to mediation about the health and social care elements of an EHC plan. However, unlike matters which can be appealed to the Tribunal, parents and young people do not have to receive mediation advice before going to mediation.

The notice which is sent to the parent or young person by the local authority must tell the parent or young person that they can go to mediation about the health and care aspects of the plan and give contact details of someone acting on behalf of the local authority who the parent or young person should contact if they want to go to mediation.

The health commissioning body must also take part in the mediation arranged by the local authority if the mediation is about the health care element of the plan.

When contacting the local authority the parent or young person must tell the local authority about the matters they wish to go to mediation about. In particular, they must inform the local authority if they want to go to mediation about the fact that no health care provision or no health care provision of a particular kind, is specified in the plan and they must also inform the local authority of the health care provision which he or she wishes to be specified in the plan.

Mediation in Sefton is provided by Global Mediation.

To request mediation before appealing to the Tribunal please contact your Mediation Advisor on 0800 064 4488 or the Council at:

Special Educational Needs & Inclusion Team

4^th Floor, Magdalen House

30 Trinity Road

Bootle

L20 3NJ

Tel 0151 934 2347