SEND Mediation

Special Educational Needs and Disabilities (SEND) and Educational, Health and Care (EHC) Assessment of Needs and Plans

The 'Vision' for all children and young people with SEND

The vision for all children and young people with special educational needs and disabilities is the same as for all children and young people- "That they achieve well in their early years, at school and in college; and lead happy, independent and fulfilled lives".

What is the process of requesting an EHC Assessment of Needs?

Parents, carers, young people and schools can request the local authority (LA) to carry out an assessment of need for students with special educational needs and disabilities (SEND) if they believe provision may be required in accordance with an Education Health and Care Plan (EHCP), which is a statutory plan.

In essence, an LA must conduct an Education, Health and Care Assessment of Needs’ of a student where it is of the opinion that the student has or may have special educational needs and may require provision in accordance with an EHCP.

Decision Not To Assess

The LA may decide an EHC Assessment of Needs is not required and the needs of the student are, or can be, met within schools/ colleges own resources through non-statutory planning managed by the school, through a 'My Plan', 'Additional Needs Plan' or an 'Individual Education Plan'.
Assessment Undertaken

If the local authority decides an EHC Assessment of Needs is required it will then carry out such an assessment by liaising with professionals in education, Health and Social Care which may involve Multi Agency Meetings, individual assessments, information updates and this process will be in collaberation the parents.
Decision to Issue an EHC Plan

After the assessment is complete, the LA will consider all the available evidence, as well as the views and aspirations of children, young people and parents.

Having received this full assessment information, the LA must then decide whether to issue a statutory EHCP or recommend a non-statutory, local level support plan.

The LA must notify the parent, young person, carer and/ or school of the decision regarding issuing an EHCP or not.
The EHCP

An EHCP sets out what the needs of the student are, what the outcomes should be and what provision must be put in place to support the needs and achieve the outcomes.

This must be written in draft form first, for consultation with parents or young person, and the professional advice will be detailed within the draft EHCP to show how the plan was developed (referred to as the ‘Appendices’ to the plan- section K).
Consultations

The LA will also consult with parental/ young person placement preference and any other placements they feel appropriate. The LA send the draft EHCP to schools to consult over the opportunity to offer a place.
Final EHCP

The draft EHCP is made 'final' once all the sections have been agreed as suitable or when agreement cannot be reached the LA may finalise the draft EHCP which gives parents/ young person their rights of appeal.

Reasons for Disagreement

You can access SEND Mediation or appeal a decision if:-

You have been refused an EHC Needs Assessment
You have been refused an EHC Plan after an EHC Needs Assessment
You disagree with the how the young person's needs are described in the EHC Plan
You disagree with the educational support in the EHC Plan
You disagree with the name or type of school, college or learning centre named in the EHC Plan
You disagree with any amendments to an existing EHC Plan
The EHC Plan is not amended after a review
If the EHC Plan is ceased
Health and Social Care elements of the EHC Plan need addressing

The Local Authority Decision

The Local Authority must issue a 'Letter of Notification' giving the decision they have made and giving parents reasons why they are:

refusing to conduct an EHC Assessment of Needs
refusing to issue an EHCP
refusing to maintain an EHCP
refusing to amend the content of the EHCP or;
amending an EHCP without the agreement of parents/ young people.

Right of Appeal

The LA must notify the parents/ young people of their right to appeal. The LA must do this is in writing and provide parents with the options they have if they wish to start the appeal process. An appeal must be started within two months of the date on this letter of notification.
Reforms

The Children and Families Act 2014 (s51-57) has brought in significant reforms, particularly regarding special educational needs and disabilities (SEND), inluding the option of Mediation and Disagreement Resolution services.
Mediation

As part of the process, there is the voluntary option for parents/ young people to engage in mediation.

Mediation is a free to access service which is independant of the local authority.

What is Mediation?

The LA and parents want to make sure the right support and help is being offered to children and young people with SEND, but people do not always agree. Mediation is a voluntary, confidential and without prejudice process, which allows the parties to openly discuss concerns about EHC decisions. Indeed the LA want to listen and hear your concerns if you think they have got their decision wrong.

SEND Mediation can be through our Connect Mediation platform, which is a form of remote mediation conducted via computer and telephone (private and conference calls). It is a comfortable, non-confrontational and non-judgemental meeting that gives you the opportunity to talk about EHC decisions if you do not agree with them. Due to the confidential and without prejudice nature of mediation, you can speak freely without your discussion being used against you at a later date.

Collis Mediation impartially facilitates and chairs the meeting; and ensures everyone has the same opportunity to speak, listen and be heard. We do not take part in the decision making; however we will ask questions and explore different points of view to ensure everyone is considering what is in the best interest of the child or young person with SEND.

Mediation is a process which promotes consultation, not confrontation.

What happens at Mediation?

The Mediation is primarily a process where concerns and options are discussed . The process is confidential and without prejudice, meaning it is confidential to the participants of the mediation and any discussions cannot be used against someone at a later date. Indeed, a Tribunal would not take into account anything discussed at Mediation. It is an opportunity to resolve the matter outside of more formal routes.

You can be supported by anyone you wish, such as a teacher, SENDIASS, educational psychologist, SENDCo or a family member or friend. You can submit new information such as professional reports and crucial information from people who have opinions about the support the child/ young person may need. Providing new and additional evidence is always useful.

The Mediation allows everyone to discuss and consider the most appropriate way of providing access to education with the right support and ensuring the child or young person with SEND has the same learning opportunities as everyone else.

Why should I consider Mediation?

Mediation is a proven, fast and effective route to resolving differences when less formal discussions with the LA SEND Dept. have failed to resolve the matter.

The law says you must consider Mediation before you lodge an appeal with (SEND) First-tier Tribunal unless the dispute is only about the name or type of school, college named in the EHC Plan. Mediation is a free, voluntary service for the parent, carer or young person to use.

Mediation takes approximately 4 weeks to arrange as opposed to (SEND) First-tier Tribunals which take significantly longer to get to a hearing. The focus at Mediation is about ensuring needs are identified and the right support is in place, to minimise any disruption to the young person's education.

Discussing your concerns in detail allows the LA to really understand the young person with SEND, and their needs. Mediation allows you to be part of the decision making when considering the options to move forward.

Actions can be agreed on the day of Mediation, not weeks after; and if you cannot agree a way forward at the Mediation, you can still appeal to (SEND) First-tier Tribunal up to one month after the Mediation ends, or two months after the original decision, whichever is the latter.

How do I know Collis Mediation are suitably qualified?

Collis Mediation Ltd is one of the country's leading SEND mediation providers, currently carrying out 14% of all SEND Mediations in the UK. We have managed 8000+ SEND referrals and are a ‘Individual Members, Mediation Provider Members, Accredited SEND Mediators and Approved SEND Mediator Trainers'' with the professional and regulatory body 'Civil Mediation Council', ‘Approved Mediation Provider’ to the Ministry of Justice, Trustee and Professional Member of the charity Society of Mediators, we adhere to the Professional Standards for Mediators.

Our SEND mediation service is delivered in accordance with the requirements of the Education Act 1996, Equality Act 2010, Special Educational Needs and Disability Regulations 2014, Children and Families Act 2014 and in line with the guidance set out in the SEND Code of Practice 2015. This means that you can be assured that our service exceeds nationally recognised standards.

We work with local authorities, families and young people throughout the UK, impartially and independently providing mediations and disagreement resolution processes, to assist participants in clarifying, narrowing down and resolving disagreements regarding the Education, Health and Care of children and young people with Special Educational Needs and Disabilities.

SEND First-tier Tribunal and Disagreement Resolution

Often, parents, carer's and young people are concerned about any delay accessing mediation may cause in their appeal. However, you can start your appeal to (SEND) First-tier Tribunal and also continue dialogue with the LA to discuss your concerns and try to resolve the disagreement whilst waiting for your appeal to be heard. This process is called Disagreement Resolution and the SEND Code of Practice issues guidance regarding this under section 11.8 and 11.13: -

11.8- "Disagreement resolution services can also be used to resolve disagreements over special educational provision throughout assessments, the drawing up of EHC plans, while waiting for Tribunal appeals and at review or during re-assessments."

11.13- "Disagreement resolution services can be used at any time, if both parties agree, including while an EHC needs assessment is being conducted, while the plan is being drawn up, after the plan is finalised or while an appeal is going through the Tribunal process."

What is Disagreement Resolution?

The LA must make available a Disagreement Resolution service for parents, carers and young people who have concerns about the special educational provision which is being made for a child or young person whether they have an EHC Plan or not. Disagreement Resolution is a process that is voluntary for both parties to enter into.

Mediation is different to Disagreement Resolution because Mediation is used at each stage a final decision has been made, whereas the Disagreement Resolution service can be used at any time, including whilst the EHC process is taking place or waiting for an appeal hearing date. It is an early intervention opportunity to raise concern about support and it is used to 'clarify, narrow down and resolve' areas of disagreement.

When can I use the Disagreement Resolution service?

You can access the Disagreement Resolution service:-

If you are concerned with how education, health and care duties are being carried out by a school or LA, whether or not there is an EHCP (this can sometimes be about relationships and communication between schools and families)
If you are concerned about what special educational support has been provided for the child or young person, whether or not there is an EHCP (there must be appropriate and documented support in place for all SEND children and young people)
If you are concerned about how the EHC Assessment of Needs 'process' or 'drafting' of the plan is been conducted before a decision has been made (this process must include and involve you and your 'voice')
If you are concerned with how a review or re-assessment of an EHCP is being carried out
If you have started the (SEND) First-tier Tribunal appeal process over an EHC decision