| Service Description: | As a parent, the welfare of your children is of paramount importance. For children with SEND, disagreements about what course of action is in the best interests of the child and the one that most closely matches the child’s needs can often require the services of an experienced, independent mediator if no agreement can be reached.
Local Authorities are legally obliged to provide SEND mediation and disagreement resolution in relation to disputes between parents and carers and young people, schools and Local Authorities over your special education needs or, as a parent, those of your child.
We are an experienced provider of SEND mediation and disagreement resolution services which will:
• improve the channels of communication and understanding between the parties
• progress towards and then reach realistic, practical solutions that meet the needs of all concerned, especially the child
• cause minimal disruption to the child’s education
Mediation is a confidential process (except in cases where there are child protection issues) and is conducted in a safe, neutral environment that allows for both parties to be listened to and understood. Our specialist SEND mediation team, all of whom have extensive training in and knowledge of the legislation and framework relating to SEND and health and social care, work closely with all concerned parties to achieve a fast, pragmatic and mutually-agreeable solution to all types of SEND disputes.
In accordance with the Children and Families Act 2014 and the associated SEN Code of Practice (January 2015), our service includes the provision of mediation advice, mediation services and disagreement resolution services. These services are free for parents, carers and young people.
Mediation Advice:
Our Mediation Adviser provides parents, carers and young people with factual, unbiased information about mediation and will answer questions that you may have about the process.
You must have mediation advice in order to be able to register an Appeal with the Tribunal, except in a few specific circumstances.
Once you have received mediation advice it is up to you to decide whether you want to go to mediation before any Appeal you might make to the Tribunal.
To receive mediation advice, contact our Mediation Adviser on 0800 064 4488 or email sen@globalmediation.co.uk
If you do not want to try mediation first, the Mediation Adviser will issue you with a certificate so that you can register your Appeal.
Your right to Appeal is not affected if you do not have mediation first and no inference will be drawn by the Tribunal if you have not used the mediation services.
Mediation:
If you do want to try mediation first, our SEND Case Manager will make all the arrangements for you. Mediation aims to help resolve disagreements for children and young people that are being Assessed for or have an EHC Plan.
Mediation is confidential and aims to resolve your disagreements in a quick, informal way using a neutral third party, a mediator, to help you reach a resolution that is mutually satisfactory.
The mediator does not judge or impose a solution but ensures that any settlement is agreed between you and the Local Authority or relevant body.
Mediation is completely flexible and without prejudice.
The mediation will be held in a neutral location within 30 days of the LA being told you would like mediation.
Our experienced mediators will explain the process to you and help clarify the nature of the disagreement with both parties. You can bring a supporter with you to the mediation although legal representation is not usually necessary.
After the mediation the Mediation Adviser will issue a certificate within three working days confirming that mediation has concluded and, if all your issues haven’t been resolved, you can use the certificate to register your Appeal with the Tribunal.
When cases are registered with the Tribunal following mediation, the Tribunal will deal with the Appeal on the facts of the case. The Tribunal may cover similar ground to that explored in the mediation but will reach its own independent findings and conclusions. Mediation is confidential and without prejudice to the Tribunal process and the Tribunal will disregard any offers or comments made during mediation. Partial agreement achieved by use of mediation services can help to focus on the remaining areas of disagreement in any subsequent appeals to the Tribunal.
To request mediation, contact our SEN Case Manager on 0800 064 4488 or email sen@globalmediation.co.uk
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