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Mediation and disagreement resolution

Disagreement Resolution and Mediation are free and impartial services that can help you resolve issues about SEND early, avoiding more difficult legal processes.

They work in the same way, but you will either use Disagreement Resolution or Mediation depending on what type of issue needs to be resolved.  

What is Disagreement Resolution?

Disagreement Resolution helps to resolve disagreements relating to SEND provision in a non-confrontational way through discussion.

As a parent of a child or young person with SEND, you can ask for Disagreement Resolution at any time. You do not need an Education, Health and Care Plan to use Disagreement Resolution services.

The service is independent of the council and offers a voluntary and confidential way to resolve disagreements. Once you self-refer the service will contact the other party (or parties) involved to ask whether they are willing to take part.

What can you use Disagreement Resolution for?

The service will help with disagreements with:

  • Your child’s nursery, school or college about the special educational provision being made for your child (whether they have an EHCP or not).
  • Your child’s nursery, school or college about how they are carrying out their education, health and care duties.
  • Health care professionals and/ or the local authority about health or social care provision for your child.

What is Mediation?

If you disagree with a decision made about your child’s Education, Health and Care Plan, then Mediation services can help. A young person over the age of 16 also has the right to seek Mediation about their own Education, Health and Care Plan.

Information:

If you want to appeal to First-tier Tribunal, you must contact Mediation first.

Section I

If you are not happy with section I of the EHCP - the named school - you do not need to have considered Mediation to appeal to Tribunal and you do not need a Mediation Certificate.

What can you use Mediation for?

Mediation only covers certain types of disagreements about the Education, Health and Care process. You and your family can request  free Mediation services if Hertfordshire County Council has decided:

  • not to carry out an EHC needs assessment or re-assessment of your child ('refusal to assess')
  • not to draw up an EHCP for your child, once they have completed an assessment ('refusal to issue')
  • not to amend (change) your child's EHCP following an annual review or re-assessment
  • to end your child's EHCP ('cease to maintain').

Or if you disagree with:

  • the description of the child or young person's special educational, health or social care needs in sections B, C and D of the EHCP
  • the description of the special education, health or social care provision to meet those needs set out in sections F, G and H1/H2 of the EHCP.

Mediation and Tribunals

Mediation is voluntary, but if you want to go to Tribunal, you must have contacted Mediation services, and listened to their advice (unless you're only appealing the school named in section I of the EHCP).

Timescales

You must contact Mediation services within 2 months of the date on the decision letter that you are unhappy about. The law only allows you to appeal to Tribunal within 2 months of the decision OR 1 month from the date of the Mediation Certificate, whichever is longer.

If you decide not to go to Mediation

Kids will arrange a Mediation Information and Awareness Session with you, for example over the phone. In the session you can tell the mediator about your situation, and the issues to be decided. The mediator will tell you about the Mediation process. Once you have told them your decision not to go to Mediation, Kids will send you a 'Mediation Certificate' within 3 working days. You then have 1 month in which to submit your appeal to the Tribunal.

If you agree to Mediation

We (Hertfordshire County Council) will arrange for Mediation within 30 days of you telling us you want to mediate.

Once the Mediation meeting has happened, your Mediation Certificate will then be issued to you within 3 working days. If a Mediation meeting has not happened within 30 days, a Mediation Certficate will be automatically sent to you and you can continue to appeal to the Tribunal.

By law, we (Hertfordshire County Council) must go to Mediation if you request that we do. However, you do not have to attend if you do not want to.

Contact Disagreement Resolution and Mediation services

In Hertfordshire, these free services are run by an independent organisation, Kids. Their experienced and qualified mediators help you and the services involved discuss matters and see if agreement can be reached without you having to go through the formal appeal or Tribunal process.

Fill in Kids online mediation/ disagreement resolution referral form

Kids will action your referral within 5 working days. If you need help, reasonable adjustments, or would prefer to speak with a member of the team, you can contact them between 9am - 5pm Monday – Friday.

Learn more about KIDS Mediation and Disagreement Resolution services

Contact Kids at:

03330 062 835

senmediation@kids.org.uk

What are the benefits?

We understand that appealing a decision can be daunting, so it's good to understand how Disagreement Resolution or Mediation can benefit you.

  • If an agreement is reached, it can be quicker than a Tribunal hearing.
  • You can get an extension on your time to make an appeal to Tribunal. You have 1 month from the date of receiving your Mediation Certificate to appeal to Tribunal if you still need to.
  • Even if you can't resolve everything, Mediation or Disagreement Resolution might help you to work out some or most of your issues, and make your remaining issues more manageable. If there are some matters which have not been resolved through Mediation, parents and young people retain their right of appeal and can appeal these outstanding matters to the Tribunal.
  • Mediators make sure everyone is fully heard and treated fairly.
  • It's person-centred. Mediators make sure that the focus of the meeting is on the needs of your child or young person.
  • Mediators are impartial. They will not take sides and it is only the parties involved who will agree on outcomes.
  • It's free. These services are offered at a cost to the council.

The Mediation/ Disagreement Resolution process - what to expect

Before the meeting

  • You will be contacted by a caseworker, who will make arrangements for the meeting.
  • They will book an independent, qualified mediator, who is trained in SEND processes, and has no connection to local authorities or schools.
  • You will be asked to suggest which professionals are important to attend the meeting. For example, this might be a SENCO, class teacher or other professional who knows the child well.
  • You will be asked where the meeting should be held. Often they take place remotely via Zoom or MS Teams. If you prefer face to face, that may be possible instead.
  • If the meeting is set to take place in person, it will be in a neutral location such as a community centre or church hall.
  • You can arrange to bring someone with you for support. This might be a friend or family member.

During your meeting

The purpose of the meeting is to bring both parties together in an honest and safe space, to try and reach an agreement on the points of dispute. Everyone will get to discuss their views.

  • The meeting is managed by the independent mediator.
  • The meeting will usually last between 2 - 3 hours.
  • For Mediation, the council must send a member of staff who is a decision maker. This means they have the authority to agree to any actions that you discuss.

After the meeting

  • If an agreement is reached, the key actions will be formally written down and signed by all parties. Everyone will get a copy of this document.
  • If during the Mediation no agreement is reached, or some but not all matters are resolved, you will receive a Mediation Certificate within 3 working days. If you wish to continue to appeal, you will have 1 month in which to submit your appeal to the Tribunal.