SEN Mediation - Sen4You

SEN Mediation Services

Disputes between parents, young people, health care services and/or local authorities, concerning the provision to be made for children with Special Educational Needs (SEN) can be contentious, resulting in appeals being made to the SEN Tribunal and complaints. This can be a costly, drawn out process for all parties and may result in strained relations thereafter which are not in the child’s interests. Effective mediation provides a cost effective alternative and is something that parents and local authorities should actively pursue.

Essential Mediation is committed to promoting mediation as a viable alternative to the excessive personal cost in stress, time and money caused by unnecessary litigation, lack of effective communication and unresolved conflict.

Under the Children and Families Act it is a compulsory requirement for SEN Mediation to be considered as a way to resolve a dispute before a parent or young person can lodge an appeal to the SEN Tribunal with the exception of appeals in relation to the name or type of school/institution in an EHC Plan.

Each Local Authority must have its own commissioned independent SEN Mediation and Disagreement Resolution Service. At Essential Mediation we provide both services, which meet the full requirements of the Children and Families Act 2014.

WHO CAN USE SEN MEDIATION

Parents, carers and young people aged 16 – 25 have the right to consider and request SEN Mediation.

WHEN CAN I USE SEN MEDIATION

Mediation can be used to resolve a wide range of different types of disagreements, such as:

Refusal to carry out an EHC assessment;
Refusal to issue an EHC plan;
Cessation of a plan;
The content of your child’s EHC plan;
The type of school or educational setting proposed by the local authority; and
The school or educational setting named in the EHC plan (although it not mandatory where this is the only issue you wish to challenge).

How do I request SEN Mediation?

When the local authority makes a decision it will send you a letter which will explain your right to appeal to the SEN Tribunal and to request SEN Mediation. The letter will also include the contact details of the local authority’s commissioned mediation provider. You are required to contact the Mediation Advisor within 2 months of the decision letter to obtain advice on mediation before you can appeal to the SEN Tribunal unless the issue only concerns your child’s educational placement.

If you wish to proceed with SEN Mediation this must then be arranged within 30 calendar days by the mediation provider. If you do not wish to use SEN Mediation you will be issued with a mediation certificate and you can then appeal to the SEN Tribunal. Appeals must be registered within 30 days of the mediation certificate or 2 months from the date of the decision letter, which ever is later.

USING OUR SEN MEDIATION SERVICES

Providing the local authority has commissioned us, SEN Mediation is free for parents, carers and young people to access and some expenses may be recoverable if you decide to request it. We are able to undertake SEN Mediation across England and can be commissioned on an individual basis or through a service level agreement.

Our SEN Mediation Services provide the following:

A mediation advice line for parents, carers and young people to provide them with advice on mediation and how it could be used to resolve their dispute with the local authority/health/social care.
Providing mediation certificates for those parents, carers and young people who wish to appeal to the SEN Tribunal.
Arranging SEN Mediation sessions for those who wish to use mediation to try and resolve the dispute.
Currently all SEN Mediation sessions are held virtually which means that they are easier to organise and allow parents, carers and the young person to take part in the comfort of their own home.
All SEN Mediations we undertake are carried out by qualified mediators who have in-depth knowledge of the legislation relating to special educational needs, health and social care.

WHAT YOU CAN EXPECT WHEN YOU CONTACT US

When you contact us for the first time, the Mediation Advisor will discuss the SEN Mediation process with you immediately. You do not need to book an appointment, as we recognise that delays can be stressful. If you are not able to speak to us immediately, we undertake to speak to you within 24 hours. During the call, the Mediation Advisor will take some personal details from you including details of the issue in dispute, as well as details of the child or young person at the centre of the disputed decision. They will also obtain the date of the local authority decision letter from you. This is important as it ensures that you are eligible to request SEN Mediation. The information taken during the call is treated confidentially.

The Mediation Advisor will outline your options and the possible use of SEN Mediation and will send you some information about the process. You can also download or access this from our website. Don’t worry, you do not have to make a decision on whether you want to use SEN Mediation immediately. Once you have considered all of the information you can then decide if SEN Mediation is for you. It is not for the Mediation Advisor to give you advice or to recommend a particular course of action.

If you choose not to use SEN Mediation, we will issue you with a mediation certificate, which enables you to lodge an appeal to the SEN Tribunal.

ARRANGING THE SEN MEDIATION SESSION

If you elect to use SEN Mediation, then we will make the arrangements for the SEN Mediation session and will take the following steps:

We will advise the Local Authority that you wish to proceed with SEN Mediation.
Both parties will complete a mediation participation agreement which explains the mediation process and how the session will be manged.
Dates will be agreed for the SEN Mediation Session and we will invite relevant attendees at your request – this is usually a representative from the child’s school.
The representative from the Local Authority who attends the SEN Mediation session must have decision making powers.
We will send you guidance on how you can prepare for the SEN Mediation session and the appointed mediator may also speak to both parties directly prior to the session. This depends on the complexity of the issue.
A virtual link to the SEN Mediation will be sent to all parties before the session. We use Microsoft Teams for the SEN Mediation sessions. We are able to test your connection if you have concerns about using it. You can access the session through a computer, laptop, tablet or android phone. All you need to do is download the TEAMS app.
Both Parties will be able to send to us relevant information which they want us to consider or provide for the SEN Mediation session. A parties information is only shared if they give their consent.

CAN I BRING AN ADVOCATE OR LEGAL REPRESENTATIVE WITH ME?

Yes, if you choose to, you can bring an advocate, legal representative or a representative from parent partnership or other organisation to support you at the SEN Mediation session.

WHAT HAPPENS AT AN SEN MEDIATION SESSION?

Every SEN Mediation session is different and largely depends on the approach of the mediator but you can expect the following:

An SEN Mediation Session usually lasts up to 2 hours.
The session is private and confidential. It is not recorded and no minutes are taken. This is to encourage open dialogue between the parties.
The mediator will open the session and all attendees will introduce themselves.
We use an “open form” of mediation, which is where parties are in the virtual room together at the same time. In some cases we may also use a “closed session” where parties are in separate rooms. This largely depends on the wishes of the parties and the nature of the issues in dispute. This is managed by the mediator.

The process is informal. It is not legalistic and we do not encourage that type of approach. It is not likely to lead to resolution.
Both parties will have the option to summarise their positions and to ask each other questions.
The mediator will also ask questions and will facilitate discussions.
Attendees can also help the parties by responding to questions and giving their views on any relevant issues being discussed.
The mediator may also want to speak to a party without the other present and if this happens, they will go into another private virtual room.
Breaks are taken as required.
The session will conclude with either an agreement being reached between the parties or not.

WHAT ARE THE POSSIBLE OUTCOMES OF SEN MEDIATION

The use of SEN Mediation may lead to any of the following outcomes:

No agreement being reached, in which case a “mediation certificate” will be issued which shows that you have participated in the mediation process. Once received, an appeal to the SEN Tribunal may then be registered. We issue the certificate within 24 hours of the session.
Partial agreement may be reached, in which case a mediation settlement agreement would be issued reflecting the areas agreed. In the case of a partial agreement, a mediation certificate would be issued to enable you to appeal to the SEN Tribunal, if you wish.
Full agreement may be reached in which case the matter is treated as being fully resolved and a mediation settlement agreement would be issued. We issue the mediation settlement agreement within 24 hours of the session.

If entered into, a mediation settlement agreement is legally binding on the parties and the actions must be carried out in accordance with the timescales.

Advantages of SEN Mediation

Delivered by a qualified and independent mediator with knowledge of the SEN system.
Confidential process.
Informal, non-legalistic in nature.
Agreements are legally enforceable through a mediation settlement agreement.
Process is quicker than having to appeal to the SEN Tribunal.

Costs of USING SEN Mediation

SEN Mediation is free for Parents and Carers to access.
Some specified expenses are recoverable from the Local Authority.
You do not need to instruct legal representatives or advocates to attend. thereby reducing your costs.