Disagreement Resolution (You are here)
The Disagreement Resolution Service is independent of the local authority and education providers. The arrangements cover all children and young people with SEN, not just those who are being assessed for or have an EHC plan, and a range of disagreements. They are available to parents and young people to resolve disagreements about any aspect of SEN provision, and health and social care disagreements during the processes related to EHC needs assessments and EHC plans. They can provide a quick and non-adversarial way of resolving disagreements. Use of the disagreement resolution services is voluntary and has to be with the agreement of both parties.
The disagreement resolution service is to help resolve four types of disagreement or to prevent them from escalating further:
The first is between parents or young people and
- local authorities,
- the governing bodies of maintained schools and maintained nursery schools,
- early years providers,
- further education institutions or the proprietors of academies
about how these authorities, bodies or proprietors are carrying out their education, health and care duties for children and young people with SEN whether they have Education, Health and Care plans or not. These duties include duties on the local authority to keep their education and care provision under review, the duties to assess and draw up Education, Health and Care plans and the duty on governing bodies and proprietors to use their best endeavours to meet children and young people’s SEN.
The second is disagreements between parents or young people and early years providers, schools or post-16 institutions about the special educational provision made for a child or young person, whether they have EHC plans or not
The third is disagreements between parents or young people and Clinical Commissioning Groups or local authorities about health or social care provision during EHC needs assessments, while EHC plans are being drawn up, reviewed or when children or young people are being reassessed. Disagreement resolution services can also be used to resolve disagreements over special educational provision throughout assessments, the drawing up of EHC plans, while waiting for Tribunal appeals and at review or during reassessments
The fourth is disagreements between local authorities and health commissioning bodies during EHC needs assessments or reassessments, the drawing up of EHC plans or reviews of those plans for children and young people with SEN. In relation to EHC plans, this includes the description of the child or young person’s education, health and care needs and any education, health and care provision set out in the plan. These disagreements do not involve parents and young people.
Disagreement resolution meetings are confidential and without prejudice to the Tribunal process and the Tribunal will disregard any offers or comments made during them. Partial agreement achieved by use of disagreement resolution services can help to focus any subsequent appeals to the Tribunal on the remaining areas of disagreement.
Disagreement Resolution in Sefton is provided by Global Mediation.
To arrange Disagreement Resolution please contact:
SEN Casework Team
Ainsdale Hope Centre
Tel 0151 934 2347