The Special Educational Needs Disability (SEND) Mediation and Tribunal

You can register an appeal after the following has happened:

• You receive a letter informing you that GCC does not intend to carry out an EHC Needs Assessment, does not intend to issue a plan following the assessment or intends to cease a plan.
• The EHC plan has been initially finalised, or after it has been amended or replaced.

You have two months to register an appeal once a decision has been made or one month after a mediation certificate has been issued (whichever is later).

You must have spoken to a mediation advisor and have a certificate issued by them saying that you have done so, unless you appeal is solely about the Educational Institution named.

You do not have to take part in mediation in order to appeal. 

As a parent, the welfare of your child or young person is of paramount importance. For a child or young person with special education needs, also known as ‘SEN’, disagreements about the best way forward to meet their needs often require an experienced, neutral mediator in order to be resolved.

Local Authorities are legally obliged to provide SEN mediation and disagreement resolution in relation to disputes with parents, carers and young people.

In Gloucestershire, we commission Global Mediation Services, who are an experienced provider of SEN mediation and disagreement resolution services which will –

• improve the channels of communication and understanding between the parties
• progress towards and then reach realistic, practical solutions that meet the needs of all concerned, especially the child

Mediation is a confidential process (unless there are child protection issues) and is conducted in a safe, neutral environment that allows for both parties to be heard and understood.  The specialist SEN mediation team, all of whom have extensive training in and knowledge of the legislation and framework relating to SEN and health and social care, work closely with all concerned parties to achieve a fast, pragmatic and mutually-agreeable solution.

In accordance with the Children and Families Act 2014 and the associated SEN Code of Practice (January 2015), the service includes the provision of mediation advice, mediation services and disagreement resolution services. These services are free for parents, carers and young people. Mediation aims to help resolve disagreements for children and young people that are being assessed for or have an Education Health and Care Plan.

If you want to register an Appeal with the SEND Tribunal, you must first receive mediation advice (there are some exceptions to this). You can then decide whether to lodge an appeal with the Tribunal or try to resolve the disagreement first by going to a mediation. Using mediation does not prevent you from lodging an Appeal if you feel the situation has not been resolved.

To receive mediation advice, contact Global Mediation Services on 0800 064 4488 or email sen@globalmediation.co.uk.

If you do not want to try mediation first, the Mediation Adviser will issue you with a certificate so that you can register your Appeal.

If you want to know more please visit Global Mediation Service’s website 

What is mediation? - Global Mediation - Process to Resolve Disputes

You must supply a copy of the decision you are appealing against and the date when GCC made the decision, or the date of the mediation certificate, whichever is later. You must also give the reasons why you are appealing. This doesn't have to be a lengthy, legal document but it should explain why you (the appellant) disagree with the decision. You should also provide copies of any relevant documents, such as assessments, to the Tribunal.

Once your appeal has been registered, GCC will be sent copies of the papers and a date by which they must respond. All parties will be given an approximate date for the hearing.

The hearing will be held in her Majesty's Courts and Tribunals Service buildings, and the Tribunal will try to use one as close to where you live as possible.

Single Route of Redress

There is no legal right of appeal to SEND about the health and social care matters within an EHC plan. However, if you are already making an appeal in relation to the educational aspects of the EHC plan, the Single Route of Redress – Extended EHC plan Appeals (formally known as "National Trial") gives you rights to also request recommendations about the health and social care needs and provision specified in EHC plans (Sections C, D, G, H1 & H2).

 This gives you the opportunity to raise all your concerns about an EHC plan in one place