Mediation Advice

Disagreement Resolution

Mediation  Advice (You are here)

Arranging Mediation

Parents and young people who wish to make an SEN appeal to the First-tier Tribunal may only do so after they have contacted an independent mediation adviser and discussed whether mediation might be a suitable way of resolving the disagreement. Mediation aims to enable disagreements to be disposed of more amicably and quickly than the appeal.

Parents and young people must consider mediation before registering an appeal and if they want to go to mediation local authorities must attend.

When the local authority sends the parent or young person notice of a decision which can be appealed to the Tribunal it must tell the parent or young person of their right to go to mediation and that they must contact a mediation adviser before registering an appeal with the Tribunal. The notice must give the contact details of a mediation adviser, contain the timescales for requesting mediation and the contact details of any person acting on behalf of the local authority who the parent or young person should contact if they wise to pursue mediation. The notice should also make clear that parents’ and young people’s right to appeal is not affected by entering into mediation.

If the parent or young person wants to appeal they must contact a mediation adviser, within two months.

The adviser will provide information on mediation and answer any questions which the parent or young person may have. The information will normally be provided on the telephone, although information can be provided in written form, through face-to-face meetings or through other means if the parent or young person prefers that.

Once the information has been provided it is for the parent or young person to decide whether they want to go to mediation. Where the parent or young person decides not to go to mediation following contact with the mediation adviser the adviser will issue a certificate, within three working days, confirming that information has been provided. The certificate will enable the parent or young person to lodge their appeal, within one month of receiving the certificate.

Parents and young people are not able to register an appeal at the Tribunal without a certificate.

Parents and young people do not have to contact the mediation adviser prior to registering their appeal with the Tribunal if their appeal is solely about the name of the school, college or other institution named on the plan, the type of school, college or other institution specified in the plan or the fact that no school or other institution is named.

The mediation information and advice arrangements do not apply to disability discrimination claims.

Mediation Advice in Sefton is provided by Global Mediation.

To access Mediation Advice please call 0800 064 4488.