SEND mediation

When mediation may help resolve disagreements with the local authority about SEND, how it fits with appeals, and what to expect — with suggested questions for the assistant at each stage.

This step-by-step guide is general information for England only. Whether mediation is right for you depends on your situation. It is not formal legal advice and does not guarantee any outcome.

1. 1. What is SEND mediation?

   Mediation is a way to try to resolve a disagreement with the local authority about SEN or disability matters — often linked to EHC needs assessments, EHCP content, placement, or related decisions — without going straight to the SEND Tribunal. A trained mediator helps both sides discuss the dispute.

   Ask what mediation is

   Suggested question: What is mediation in England SEND, and what kinds of disagreements might it cover?

2. 2. When parents are told about mediation

   When the LA makes certain decisions, parents and young people must be given information about mediation and how to appeal. Read any decision letter carefully — it should explain your options and time limits.

   Ask about LA information

   Suggested question: When must local authorities tell parents about mediation in England SEND, and what should be in the letter?

3. 3. Mediation before an appeal

   For many appeals to the First-tier Tribunal (Special Educational Needs and Disability), you must contact a mediation adviser before registering the appeal. You can then decide whether to take part — participation is voluntary. You receive a mediation certificate showing you have considered mediation when you want to appeal.

   Ask about mediation & appeals

   Suggested question: Do I have to try mediation before appealing to the SEND Tribunal in England, and what is a mediation certificate?

4. 4. Deciding whether to mediate

   Mediation can sometimes resolve issues faster than a tribunal, but it is not suitable for every dispute. You may still appeal if mediation does not resolve matters (subject to rules and deadlines). Consider independent advice for your case.

   Ask whether to mediate

   Suggested question: What are the pros and cons of SEND mediation in England, and can I still appeal if mediation fails?

5. 5. What happens in mediation

   Mediation is confidential in the sense that what is said cannot usually be used as evidence at tribunal in the same way as court evidence — but check current guidance. Sessions are often by phone or video. The LA and parent (or young person) attend with the mediator facilitating.

   Ask what happens in mediation

   Suggested question: What typically happens in a SEND mediation session in England?

6. 6. After mediation

   If agreement is reached, the LA should put outcomes in writing. If not, you may proceed to tribunal if you have a valid appeal and meet deadlines. Keep notes, dates, and copies of all correspondence.

   Ask about after mediation

   Suggested question: What happens after SEND mediation in England if there is or is not an agreement?

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