The SEND Code of Practice states.
11.27 - If the parent or young person wants to go to mediation then the local authority must also take part. If the local authority is unable to arrange mediation in a case which involves a disagreement on a matter which can be appealed to the Tribunal 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.
This means you have a couple of options...
- You can lodge the appeal within one month of the mediation certificate issued following failure to arrange mediation within 30 days.
- You can wait for the LA to arrange mediation, should you then change your mind and wish to appeal, KIDS will need to issue a new mediation certificate, you will have one month from the date of the new certificate to lodge an appeal.
If you wish to wait, you will need to contact KIDS again to chase up when a date will be confirmed.
- You can lodge the appeal and still wait for a mediation date, should the decision be overturned at mediation then you can request to close the appeal, if the decision is upheld, then the appeal is lodged and any further evidence provided at mediation can be submitted to the tribunal as part of the appeal.
However, if you lodge the appeal the LA do not legally have to mediate.
- You are entitled to submit a new EHC Needs Assessment request at any time. The LA must give you their decision within six weeks of receiving your request. There are no legal restrictions preventing you from making a new request, even if you are pursuing other options discussed above.