Education Health Care Plans Appeals and Mediation
If you disagree with a decision made by the school or authorities regarding your child's special educational needs, there are services available to help resolve the disagreement. One service is called the Disagreement Resolution Service, which can quickly and peacefully resolve disagreements.
Mediation is another option. It involves working together with a trained mediator to find a solution that everyone agrees on. The mediator doesn't take sides or give advice. They help facilitate discussions and explore options.
You can use mediation at different stages of the assessment process for an Education, Health, and Care Plan. It can be used when the Local Authority decides not to assess or issue a Plan, or when there are disagreements about the description of your child's needs, the provision specified, or the school named in the Plan. Mediation can also be used if there are disagreements about health or social care provision.
Before appealing to the Tribunal, you must contact a mediation adviser and consider mediation. They will provide information and answer your questions. If you decide not to pursue mediation, they will issue a certificate that allows you to appeal to the Tribunal.
There are specific timescales involved in the mediation process. If you choose mediation, it must take place within 30 days. After mediation, agreements reached should be implemented within certain timeframes. If the disagreement is about health or social care provision, local complaint routes can be followed instead of appealing to the Tribunal.
Even if a child or young person is in custody, mediation can still be arranged with the help of the home local authority and the custodial establishment.