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SEND Disagreement Resolution and Mediation

The Local Authority has made arrangements for independent disagreement resolution and mediation services to be made available to parents/carers and young people to provide a quick and informal way of resolving disagreements.

Impartial information, advice and support - SENDIASS

Parents/carers & young people can also access informal support in resolving disagreements through the Impartial Information, Advice and Support service provided by SENDIASS at MAIN, or from an Independent Supporter.


Disagreement resolution services (provided by SENDIAS, Aspire and other mediation services)

This is available for all parents/carers of children, and young people, with SEND and can help if:

  • There is a disagreement regarding how an early years setting, school or college are carrying out their education, health and care duties and applies to a child with any kind of SEN, not just those with an EHC plan;
  • There is a disagreement regarding the SEN provision an early years setting, school or college is making; this applies to any kind of SEN, not just children and young people who are undergoing an EHC needs assessment or have and EHC plan;
  • There is a disagreement with the Local Authority or Clinical Commissioning Group (CCG) about the health or social care provision during a child/ young person’s EHC needs assessment, or about their EHC plan and any review or reassessment of the EHC plan.

Mediation

This is a voluntary service available to parents/carers of children, and young people, which parents/carers and young people can use if they cannot reach an agreement with the Local Authority in matters relating to EHC plans.

The mediation arrangements are specifically linked to decisions about Education, Health and Care needs assessments and plans and mediation services are available where the Local Authority decides:

  • Not to carry out and EHC needs assessment or reassessment of a child/ young person
  • Not to draw up an EHC plan for  a child/ young person once they have completed a needs assessment
  • Not to amend a child/ young person’s EHC plan after the annual review or reassessment
  • to cease to maintain a child/ young person’s EHC

If the Local Authority has drawn up an EHC plan for a child/ young person, and the child’s parents/carers or the young person disagrees with:

  • parts of the plan which describe SEN
  • the SEN provision set out in the plan

Further information about disagreement resolution and mediation services is also available in Chapter 11 of the 0 25 SEND Code of Practice: https://www.gov.uk/government/publications/send-code-of-practice-0-to-25

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