Following your Mediation Information and Advice call (MIAS), KIDS will inform the LA of your decision to mediate. 

The LA then have 30 days in which they need to arrange a date, with yourself and the mediator who has been assigned to your case. The mediator will liaise between you, the LA and whoever else is attending. 

You are entitled to have someone else there to support you in the meeting.

If you would like someone to do so, the LA cannot refuse to participate if it disagrees with who you choose to help you.

This includes if a parent wants to be supported by a lawyer (as confirmed by case law).

Other relevant people such as somebody from school or college may also attend mediation, and it may be helpful to have them attend.

You and the LA would need to agree to them attending. If you do not all agree about this, the mediator could still let them attend.  

The LA representative who attends must hold decision-making authority and be able to make decisions for the LA in the meeting.

They cannot say they have to get someone else’s approval.  

The mediator attending the session is legally required to have enough knowledge of the legislation relating to special educational needs, health, and social care to be able to conduct the mediation.

They must also be independent, and cannot be employed by any LA, an ICB or NHS England.

Everything that is discussed at mediation is confidential. Neither you nor the LA would be able to say what was discussed in a later SEND Tribunal appeal.

It is an opportunity for the LA to explain their decision and for you to ask questions. 

If you have further evidence to provide, you will need to let everyone who is attending know prior to the meeting.  

If agreement is reached in the session, then this should be written down, to form a mediation agreement.

This is binding on the parties and acts as a contract between you.

The LA must do what they agree to in the agreement. We have heard of cases where agreement was reached but no mediation agreement was produced. If you are not given a mediation agreement at the end of mediation before you leave the session you should ask the mediator to confirm they will issue one.

If full agreement has been reached between the parties, the mediation agreement will detail this.

Unless different timescales have been agreed in the mediation agreement, the LA must do what was agreed within legal deadlines.

If the LA agrees to take certain steps in a mediation agreement but then fails to do so, it is acting unlawfully.

If partial or no agreement is reached...

If some agreement is reached but there are some matters which have not been resolved through mediation you retain your right of appeal.

If some or all the matter remains in dispute, you can use your mediation certificate (if required) to lodge your appeal with the SEND Tribunal.

FOR REFUSAL TO ASSESS DECISIONS

Regulations 42 and 44 of The SEND Regulations 2014 say that if the parties agreed that the:  

LA will carry out an EHC needs assessment - within 2 weeks the LA must tell you that it is starting,

The LA must then either let you know that they have decided not to issue an EHCP within 10 weeks, or send a finalised EHCP within 14 weeks, of the mediation agreement.

If the LA agrees to take certain steps in a mediation agreement but then fails to do so, it is acting unlawfully.

In all appeal situations, you must make sure your appeal is submitted within two months of the original decision letter or one month of the mediation certificate, whichever is later.

You will receive a mediation certificate with three working days following mediation unless mediation was only about placement (section I).

• Refusing to provide dates for mediation if they can’t arrange for it within 30 days;
• Saying they cannot ‘take on’ any more mediations for the foreseeable future due to capacity issues.
• Refusing to provide dates for certain types of mediation, including section I only mediation;
• Encouraging parents and young people ‘not to bother’ with mediation, because the LA is too busy or there is a backlog.
• Offering internal and non-statutory ‘way forward’ or ‘next steps’ meetings but then refusing to mediate;
• Refusing mediation if the parent has already submitted an appeal to the send tribunal.

The LA cannot refuse to arrange mediation, say that it only mediates about certain things or that it is too busy, or tell you that you have lost your chance to mediate because you have already appealed to the Tribunal.

By preventing access to mediation, this denies parents and young people access to their legal rights. 

The Special Educational Needs and Disability Regulations 2014 (36((2))

The Special Educational Needs and Disability Regulations 2014(39((2))

It is unlawful for the LA to refuse or not respond to requests for mediation, and you have the right to complain, should you wish to do so. If the LA do breach this duty and you make a complaint, you may wish to copy SNAP PCF into your correspondence. 

• Prepare a bullet point list of your issues and concerns, so you can easily reference
• Gather all relevant documents, reports, and evidence that support your case
• Gather any new information about your child that you would like to share with the local authority or health commissioner representative. (You may want to send this in advance to allow the opportunity for all parties to read)

COMMUNICATE CLEARLY

• When discussing your concerns, be clear and concise.
• Specify what you are seeking and why it is important for your child’s needs
• Highlight sections of reports to help you evidence your points

STAY CALM

Emotions can run high, but it is important to remain calm. This helps maintain a constructive dialogue.

KNOW YOUR RIGHTS

Be aware of your legal rights and the obligations of the local authority.

FOLLOW UP

After mediation, ensure you follow up on any agreements or next steps. Keep a record of all communication and decisions.