Mediation before a SEND Tribunal appeal: what parents need to know

What mediation is

Mediation is a confidential process in which an independent mediator helps the parent or young person and the local authority try to resolve a SEND disagreement. It can sometimes resolve all or part of a dispute without a Tribunal hearing.

Do you have to mediate?

In most EHC appeal cases you must contact a mediation adviser before you can appeal. That does not mean you must agree to a mediation meeting. If you decide not to mediate, the adviser can issue the certificate needed for the appeal.

GOV.UK states that you do not have to consider mediation where the appeal is only about which school or other institution should be named in Section I. If your dispute also concerns other sections, check the current rules carefully.

What to do as soon as you receive the decision

1. Note the date on the local authority’s decision letter.
2. Find the mediation adviser details in the letter.
3. Contact the adviser promptly rather than waiting until the appeal deadline is close.
4. Decide whether there is a realistic issue that could be resolved through mediation.
5. Keep the mediation certificate safely when it is issued.

If you choose a mediation meeting

Prepare a short list of the points actually in dispute. For each point, write what you want changed and the evidence supporting that change. Bring the most relevant documents rather than an unstructured bundle.

• The decision letter or current EHC plan.
• A short chronology.
• Key professional recommendations.
• Your proposed wording or requested outcome.
• Questions you need the local authority to answer.

What if only part of the dispute settles?

Record clearly what has been agreed and what remains disputed. If an appeal is still necessary, the remaining issues can be identified more precisely. Do not assume that taking part in mediation automatically extends every deadline indefinitely.

The appeal deadline still matters

For parent appeals, GOV.UK says the Tribunal must normally receive the appeal within two months of the local authority decision letter or one month from the mediation certificate, whichever is later. Check the certificate, decision letter and current Tribunal guidance.

Who to contact

The local authority decision letter should identify the mediation service. SENDIASS can help you understand the process, and specialist SEND advisers can help with more complex disputes. The mediator is impartial and does not act as your legal representative.