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Mediation is always free and confidential.
When mediation can happen
According to the SEND Code of Practice, if parents and young people want it to, mediation can take place after the local authority has made certain decisions.
If you want to access mediation services, you're eligible if the LA has made the following decisions:
- it has decided not to carry out an EHC needs assessment
- it has decided not to draw up an EHC plan
- it has decided not to amend an existing EHC plan
- it has decided to cease to maintain an existing EHC plan
Global Mediation
In Bath and North East Somerset, Global Mediation is the independent service which is commissioned to provide mediation and disagreement resolution.
Global Mediation provide a trained mediator to facilitate a discussion between parties. The aim is to look for a way forward that all the parties accept. The service is free and confidential and you can choose whether to use it. You do not have to choose between making a complaint, appealing, and using disagreement resolution and mediation.
Mediation advice
If you wish to register an appeal with the First Tier Tribunal (SEN and disability) you first have to consider whether to enter mediation and obtain a certificate saying you have considered it. This is called mediation advice.
If you decide not to go into mediation and tell the mediation adviser, they will send you a certificate within three working days and you can then register your appeal.
You do not have to go into mediation if you do not want to, you only have to consider whether to or not.
Your local authority must tell you about mediation and who to contact for the initial advice when they send you their decision about the EHC assessment or plan.
You must contact the mediation adviser within two months of getting the decision. Your time limit for appealing to the Tribunal is two months from the date of that decision, or one month from the date of the mediation certificate, whichever is the later.
There is one exception to the requirement to consider mediation. This is when your appeal is only about placement or section I of the plan. Section I is where the school, or college is named on the plan, or the type of school or college. If it is decided that it would be entirely inappropriate for a child to attend a school setting to receive any provision at all, then Section I of the EHC Plan should be left blank. This will be where an 'education other than at school package 'EOTAS' package is proposed.
Get mediation
To take the next steps towards getting mediation, you must contact Global Mediation. We are unable to do this on your behalf.
You can request an appointment with Global Mediation via phone or email. Please visit their website for contact details.
However, please contact us for advice on the mediation process.