Understanding SEND Mediation

SEND Mediation is a process that aims to help resolve disagreements between parents and local authorities (LA) regarding special educational needs and disabilities (SEND). It involves an independent mediator who works with both parties to find a mutually agreeable solution.

The Special Educational Needs and Disability Code of Practice for England states that SEND mediation is available to parents as an alternative to lodging a claim with the Special Educational Needs Tribunal (SENDIST). This means that if you are unhappy with the support your child is receiving, or if there is a disagreement about your child's EHC plan, you can choose to go through SEND mediation instead of going straight to court.

Why is SEND Mediation important for parents to know about?

So why is SEND mediation important? Firstly, it offers a more collaborative and less adversarial approach to resolving disagreements. This can help maintain a positive relationship between parents and the LA, which is crucial for ensuring that your child's needs are met effectively.

Secondly, SEND mediation allows for a quicker resolution compared to going through the court process. Mediation sessions typically take place within 30 days of requesting it, whereas legal proceedings can take months or even years to reach a decision.

Additionally, SEND mediation gives parents a voice in the decision-making process. The mediator will listen to both parties' perspectives and facilitate discussions to find common ground and come up with practical solutions that meet your child's needs. This can be empowering for parents who may feel overwhelmed or frustrated with the support their child is receiving.

Moreover, SEND mediation can also save time and money for both parties. Going to court can be expensive and emotionally draining, whereas mediation is often provided free of charge by local authorities. This can also alleviate any financial strain on families who may already be facing additional costs due to their child's special educational needs.

Lastly, SEND mediation has a high success rate with the majority of disagreements being resolved through this process without needing to go to court. This means that both parties are more likely to reach a mutually beneficial agreement that meets the needs of all involved.

In summary, SEND mediation is an important tool for parents in navigating disputes related to their child's special educational needs. It offers a collaborative, timely, and cost-effective approach to resolving disagreements, while also giving parents a voice in the decision-making process. If you are facing difficulties with your child's support or EHC plan, consider exploring SEND mediation as an alternative to going straight to court. 

So if you find yourself in a disagreement with your local authority regarding your child's special educational needs and disabilities, remember that SEND mediation is available as an effective alternative for reaching a resolution.  By understanding what SEND mediation is and its importance, parents can make informed decisions about how to best advocate for their child's education and well-being.

Communication and collaboration are key when it comes to supporting children with special educational needs, and SEND mediation provides a valuable platform for achieving this. So don't hesitate to explore this option and take advantage of the benefits it offers.  After all, as parents, you are your child's best advocate and have the right to seek the support and resources necessary for their development and success.  Let SEND mediation help you on this journey towards ensuring your child receives the education and support they deserve.

This is not the end, but rather just a continuation of our conversation about SEND Mediation. Keep exploring, learning, and advocating for your child's needs.  Lastly, remember that you are not alone in this process – there are many resources and support systems available to assist you along the way.

What are the key steps in a SEND Mediation and how can parents prepare for it?

SEND mediation typically consists of four key steps:

1. Requesting mediation: The first step is to formally request SEND mediation from your local authority. This can be done through a written letter or email, and should include details about the specific disagreement or issue at hand.
2. Appointing a mediator: Once the request has been received, the local authority will appoint an independent mediator who is trained and experienced in dealing with SEND disputes.
3. Mediation session: The mediator will arrange a time and place for both parties to meet and discuss their perspectives on the issue at hand. This session may last anywhere from a few hours to a full day, depending on the complexity of the disagreement.

How can parents best prepare for a SEND Mediation session?

• Gather relevant information: It is important for parents to gather all the necessary documents and information related to their child's special educational needs, including their EHC plan, assessments, reports, and any correspondence with the local authority.
• Think about your goals: Before the mediation session, take some time to think about what you hope to achieve through this process. What are your main concerns or priorities? This can help guide the discussions during mediation.
• Stay calm and respectful: It is natural to feel emotional when dealing with a disagreement regarding your child's well-being. However, it is important to remain calm and respectful during the mediation session. Being overly aggressive or confrontational may hinder progress and create a hostile environment.
• Consider bringing support: Parents may bring someone with them to the mediation session for emotional support, such as a family member or friend. They can also consider bringing an advocate or legal representative who is knowledgeable about special educational needs and the mediation process.

By following these steps, parents can be better prepared for their SEND mediation session and increase the chances of reaching a positive outcome that meets their child's needs. Remember, the goal of mediation is to find common ground and come up with practical solutions that benefit all parties involved. So approach the process with an open mind and willingness to work towards a resolution.  Good luck!  Keep advocating for your child's education and well-being. You are making a difference in their lives.