Mediation in special educational needs appeals
Practical mediation support for families, education providers and other parties seeking collaborative solutions, reducing conflict and stress, and resolving SEN appeals constructively.
We help families prepare for mediation and find practical solutions to SEN disagreements.
Disagreements about special educational needs provision can be stressful and difficult to resolve, particularly when communication between families, local authorities and education providers has broken down. Mediation can offer a constructive, collaborative way to address concerns, understand different perspectives and work towards practical solutions that meet the child or young person’s needs.
Our mediation support helps families prepare for mediation, understand their position and identify the outcomes they want to achieve. Where required, we can also provide support at mediation meetings, helping families approach challenging discussions with clarity and confidence and work towards a practical resolution that meets the child or young person’s needs.
- Trusted and nationally recognised special educational needs specialists with decades of experience.
- Clear, practical support at every stage, helping families navigate complex SEN processes.
- Extensive experience across all SEN appeals, including EHCPs, school placements, and SEND Tribunal proceedings.
- Transparent and flexible fee structures, including capped fee options where appropriate.
When is mediation needed?
Mediation can be an important step when there is a disagreement about an Education, Health and Care Plan (EHCP) or the provision being made for a child or young person with special educational needs. In many cases, parents and young people must contact a mediation service before they can appeal a local authority decision to the SEND Tribunal. This gives everyone an opportunity to consider whether the disagreement can be resolved without proceeding to a formal appeal.
Mediation may be relevant where there is disagreement about matters such as:
- whether an EHCP should be issued;
- the contents of an EHCP, including the provision specified;
- the school or other educational placement named in the EHCP; or
- a decision to cease an EHCP.
Even if you do not wish to take part in mediation, you will generally need to contact the mediation service and obtain a mediation certificate before bringing an appeal, although there are some exceptions. We can advise you on whether mediation is required in your circumstances, explain the process and help you understand the steps you need to take before deciding how best to proceed.
SEN mediation FAQs
How long do I have to contact the mediation service?
You will generally need to contact the mediation service within two months of the date on the local authority’s decision letter if you are considering an appeal to the SEND Tribunal. If you decide to proceed with mediation, the mediation certificate can affect the deadline for making your appeal. We can advise you on the relevant deadlines and help ensure you take the necessary steps in time.
What happens at a mediation meeting?
A mediation meeting provides an opportunity for the parties to discuss the areas of disagreement with the help of an independent mediator. The mediator will guide the discussion, helping everyone explain their concerns, understand the different positions and explore possible solutions. The process is informal and collaborative rather than adversarial, and you will not be expected to present a formal legal case as you would at a Tribunal hearing.
The aim is to see whether an agreement can be reached that addresses the child or young person’s needs. If an agreement is reached, this can be recorded and agreed between the parties. If no agreement is reached, you can still consider your options, including an appeal to the SEND Tribunal where appropriate.
Do I need a solicitor at mediation?
You do not need to have a solicitor present at mediation. The process is designed to allow parents and young people to discuss their concerns directly with the local authority and other relevant parties. However, legal advice before mediation can help you understand your rights, identify the key issues and prepare for the discussions.
If you would prefer to have legal support during the meeting itself, we can also attend with you and provide advice and assistance throughout.
What happens if mediation does not resolve the disagreement?
If mediation does not resolve the disagreement, you may still be able to appeal to the SEND Tribunal, provided the decision is one that can be appealed and you meet the relevant requirements and deadlines. We can advise you on your options following mediation, including whether an appeal is appropriate and help you prepare your case if you decide to proceed.
Can I appeal if I choose not to proceed with mediation?
Yes. You do not have to take part in mediation in every case, but you will generally need to contact the mediation service and obtain a mediation certificate before you can appeal to the SEND Tribunal. There are some exceptions to this requirement, depending on the nature of the local authority’s decision.
We can advise you on whether you need to consider mediation and what you need to do before bringing an appeal.
Why use our special educational needs solicitors?
- Specialist experience in SEN law: Our solicitors have extensive experience advising families on the full range of special educational needs legal processes. Our expertise ensures you receive clear, accurate advice grounded in a detailed understanding of the law and how local authorities apply it in practice.
- Focused, practical solutions: We take the time to understand your child’s individual needs and circumstances. Our advice is tailored to help you secure the right support, whether that means strengthening an EHCP, challenging inadequate provision, or appealing a local authority decision.
- Supportive and collaborative approach: The SEN process can be overwhelming. We work closely with families, schools, professionals and other advisers to ensure all evidence and communication is aligned and coherent. This collaborative approach helps streamline the process and strengthens your case.
- A leading full-service law firm: Boyes Turner is recognised by Chambers UK and The Legal 500 as a leading law firm. As a full-service firm, our specialist teams can support you with related legal needs where required, including Court of Protection, community care, medical negligence and private wealth, ensuring a cohesive and coordinated approach to your care.
Contact us
If you would like advice about a related matter, please complete the form and one of our SEN specialists will be in touch as soon as possible.
Please note we do not offer legal aid. Read about our fees.
Or give us a call:
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