Mediation for parents of children and young people with Special Educational Needs
What is mediation?
The Local Authority have a duty to provide mediation services.
Local Authorities must set out the arrangements they have made for securing mediation information services and mediation itself in the Local Offer
- In mediation, the people involved in the dispute work together to reach an acceptable solution, with the help of a mediator.
- The mediator is a specially trained independent facilitator who does not take sides and does not give advice or judgement but manages discussions fairly and confidentially to help people communicate and explore options.
- The child's needs and interests are kept at the heart of these discussions.
- It is widely used to settle disputes between family members, work colleagues or even neighbours.
- It is an increasingly popular way of sorting out disagreement.
Mediation is an important part of the Education Health and Care process. If you are wanting to appeal a decision made by the Local Authority to the SEND Tribunal, you must consider mediation as part of any appeal - unless you are only appealing against section I of an EHC plan. This does not always mean engaging in a meeting with a mediator and the Local Authority
To find out about the local Mediation Service please see below or contact the Statutory Assessment and Review Team (START) on: 024 7683 1614.
Mediation Providers
The following organisations are available to help you resolve disagreements. You should contact the organisation who will talk to you about the process:
KIDS
Tel: 03330 062 835
Email: senmediation@kids.org.uk)
Why use mediation?
- It can be provided quickly and is usually very successful
- It offers an alternative to what can be a lengthy, sometimes confrontational, and otherwise stressful approach
- It is voluntary - for it to be successful everyone involved has to agree to take part, but it also helps everyone to work together after the mediation has finished.
Is mediation confidential?
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Nothing said in mediation can be used elsewhere (with the exception of serious child protection issues)
- Once an agreement is reached, the mediator will write it down. The agreement will include the decisions made, what is to happen, who is responsible, and the timescale. It will also include arrangements to check that it is working and everyone will receive a copy
Using the service does not affect parents' right of appeal to the SEN Tribunal (SENDIST) and the service is free to parents and can be used at any time during a disagreement. The mediation meetings are always held locally, as close as possible to the people involved. Most commonly, these discussions are held through online video programmes such as Zoom or Microsoft Teams.
The Local Offer
The Coventry Special Educational Needs and Disability (SEND) Local Offer brings together information for children and young people with special educational needs and disabilities and their families. The SEND Local Offer will cover services available to the public across education, health and social care:
- Education: such as nurseries, playgroups, schools and colleges and support services like educational psychologists and SEN services
- Health: children's and adult services including GPs, therapists and hospital services
- Social care: such as short break services and children's and adult disability services.