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Information about mediation and the role of a mediator in relation to appeals relating to EHCPs.
MediationMediationMediation is a type of disagreement resolution. Every local authority must provideindependent mediation to help parents and young people resolve disputes withlocal authorities about: • A decision not to carry out an EHC needs assessment;• A decision not to draw up an EHC plan;• The content of a final EHC plan or amended plan;• A decision not to amend an EHC plan;• A decision to cease to maintain an EHC plan. Mediation must also be provided on the health and social care elements of anEHC plan. You can find out more information on mediation in the SEND Code of Practice,paragraphs 11.13-11.38. is when someone who isn’t involved with a service user or the person a disagreement is with helps to sort out a dispute
In most cases when someone wants to appeal against a decision we’ve made regarding an Education, Health and Care Plan they must use a mediator to help resolve their dispute.
A mediator is a completely independent person. This means they will not be involved with the person raising the disagreement or us and will be able to advise and work with both parties to find a solution.
Global Mediation provide independent MediationMediationMediation is a type of disagreement resolution. Every local authority must provideindependent mediation to help parents and young people resolve disputes withlocal authorities about: • A decision not to carry out an EHC needs assessment;• A decision not to draw up an EHC plan;• The content of a final EHC plan or amended plan;• A decision not to amend an EHC plan;• A decision to cease to maintain an EHC plan. Mediation must also be provided on the health and social care elements of anEHC plan. You can find out more information on mediation in the SEND Code of Practice,paragraphs 11.13-11.38. services for BCP Council.
If an individual does not want to use a mediator they must get a mediation certificate before an appeal can be taken to the SEND Tribunal. The certificate will confirm that they know mediation is available but have chosen not to use it.
If the decision is made not to use the services of a mediator for an appeal, the mediator must be advised as soon as possible. The mediator will then issue a mediation certificate within three working days. An appeal cannot be started unless a mediation certificate has been issued.
If the decision is made to use the mediator, the individual concerned must let us know and we’ll arrange for mediation to happen within 30 days.
If we haven’t arranged a mediation session within 30 days we’ll issue a certificate explaining what’s happened so that the appeal process can continue.
A mediation certificate is not needed if:
If a mediation certificate is needed but hasn’t been received by the end of the deadline, an application can be made to the SEND tribunal to appeal without one.