What is Disagreement Resolution and Mediation?
The Appeals process, described as Disagreement Resolution and Mediation in the Code of Practice, will help if you wish to register an appeal to the Special Educational Needs and Disability Tribunal.
The Local Authority is always willing to discuss any issues or concerns you may have at any point in the EHCP planning process. However, there might be times when you disagree with the decision made. It is important that your concerns are raised so that early discussions can take place or a meeting arranged. In the first instance please contact your SEND named officer who will be happy to help you (named on the letters you have received from us).
If agreement still can't be reached, the following services may be of assistance:
Disagreement Resolution Service
The Information Advice and Support Service (IASS) formerly known as the Parent Partnership Service provides impartial advice, support and information. The service provides opportunities to talk through any concerns you have and to help you prepare for discussions in addition to attending meetings and visiting schools with you if you wish.
Telephone: 01952 457176
Email: info@iass.org.uk
Website: www.telfordsendiass.org.uk
Mediation services
These are specifically focused on issues and disagreements relating to Education, Health and Care Plans. This includes where a request has been made for an assessment for an Education, Health and Care Plan and that request has been turned down by us. Decisions relating to the assessment process or the provision or needs described in an Education, Health and Care Plan can be appealed to the First Tier Tribunal.
How to obtain mediation advice?
A parent or young person wishing to appeal to the First Tier Tribunal about the education elements of EHC assessments and plans needs to obtain a certificate to demonstrate that they have at least considered mediation before the tribunal will accept their appeal. The certificate is issued by a mediation adviser, who can provide support and guidance to you about what can be appealed to tribunal, how mediation can be accessed and who the mediators are for the region.
You do not have to contact the mediation adviser prior to registering an appeal with the tribunal, if the appeal is solely about:
- The name of the school/college/other institution named in the EHC Plan
- The type of school/college/other institution specified in the plan
- No school or other institution is named.
Mediation advice is also not required where the disagreement is in relation to a disability discrimination claim.
Deciding whether to go to mediation or make an appeal to the tribunal
Once you have received mediation advice, it is your decision whether you want to try mediation before making any appeal to the First Tier Tribunal.
The Special Educational Needs (SEN) code of practice makes it clear that people and young people will not be disadvantaged at the tribunal if they have chosen not to proceed with mediation.
Mediation Providers
Feedback from parents across the region indicated that they wanted a choice of provider when it came to mediation. As a consequence, three providers have been awarded contracts to deliver both disagreement resolution and mediation services - KIDS, The Together Trust, Right Mediation and Prime Resolution.
KIDS (Mediation):
Telephone - 03330 062 835 (calls charged at standard network rate)
Email - senmediation@kids.org.uk
Website - www.kids.org.uk/regional-mediation
Together Trust (Mediation):
Telephone - 0161 283 4848 (calls charged at standard network rate)
Email - enquiries@togethertrust.org.uk
Right Mediation:
Telephone - 01902 579863
Prime Resolution:
Telephone Contact Number: 01952 303038 / 07582 548611
Email Address: info@prime-send.co.uk
Website: https://prime-send.co.uk/
From the date of the letter from Telford and Wrekin Council containing our decision, you have two months to submit your papers to the SEND tribunal.
For further information please see the SEND Code of Practice, chapter 11; Resolving disagreements.