When looking to appeal a refusal to assess for an EHC Needs Assessments, a refusal to issue an EHCP or B and F of a final EHCP you must consider mediation.
A parent/carer or young person can request mediation for Section I of a final EHCP if they want to but it isn’t compulsory.
To consider mediation a parent/carer or young person must call KIDS Mediation Service on
03330 062 835
They will then be booked in for a mediation information awareness session (MIAS) call where an independent mediator will explain the process of mediation and their options.
Following the call the parent/carer or young person will then decide to either go to mediation and have the meeting or proceed straight to Tribunal.
If they choose to go straight to Tribunal they will be issued a mediation certificate within 3 days of the call. This certificate will be needed to lodge the appeal.
Mediation is free and can be a useful tool to use before having to go to tribunal.
It is quicker and less formal than a tribunal hearing and can help to resolve problems without having to lodge an appeal
At the mediation there will be the parent/carer and/or young person, a representative from the LA (usually the EHCP coordinator) and an independent mediator.
The mediator will ensure that everyone has a say, there is a focus to the meeting and there is some kind of outcome at the end.
Where possible the parent/carer or young person should bring evidence to the mediation that backs up their point.
At the end of the mediation meeting the Local Authority representative will either fully agree, partially agree or not agree at all.
If they fully agree, then the parent/carer or young person doesn’t need to pursue an appeal.
If they partially agree or don’t agree at all then the parent/carer or young person has a right to appeal this to the First Tier Tribunal.
To appeal this to the Tribunal the parent/carer or young person will need the mediation certificate which will be issued within three days of the mediation meeting.