Mediation and Tribunals

What to Do if Your Child’s Educational Needs Aren’t Met: Mediation and Tribunals

When a child with special educational needs and disabilities (SEND) isn’t receiving adequate support, parents have the right to seek resolution through mediation and, if necessary, appeal to a tribunal. Here’s an in-depth guide on how to address unmet educational needs effectively:

1. Recognizing the Problem

1.1 Signs That Needs Aren’t Being Met

• The Education, Health, and Care Plan (EHCP) isn’t being followed.
• Lack of reasonable adjustments or support in school.
• Exclusion from activities due to disabilities.
• Declining academic or emotional well-being.

1.2 Common Issues

• Delays in EHCP assessments or decisions.
• Inadequate funding or resources for support.
• Disagreements about school placement.

2. Initial Steps to Resolve Issues

2.1 Communication with the School

• Schedule a meeting with teachers and the SENCO (Special Educational Needs Coordinator).
• Discuss your concerns and request specific changes or support.
• Keep a record of meetings and written communications.

2.2 Contacting the Local Authority

• Raise concerns if the school isn’t addressing the issue.
• Request a formal review of the EHCP, if applicable.

3. Mediation

3.1 What is Mediation?

• A voluntary process where parents and the local authority work with an independent mediator to resolve disagreements.

3.2 When to Use Mediation

• Disagreements over EHCP content, delivery, or school placement.
• Before escalating to a tribunal (required in most cases).

3.3 The Mediation Process

1. Request Mediation: Notify the local authority and mediation service.
2. Prepare Your Case: Gather evidence, such as reports from therapists or assessments.
3. Attend the Session: A mediator facilitates discussions to reach an agreement.
4. Outcome: Agreements are documented and implemented.

3.4 Benefits of Mediation

• Faster and less stressful than a tribunal.
• Maintains relationships between parents, schools, and local authorities.
• Often results in practical solutions.

4. Taking the Case to a Tribunal

4.1 Special Educational Needs and Disability (SEND) Tribunal

• An independent body that hears appeals related to:
  • EHCP assessments or contents.
  • School placements.
  • Disability discrimination claims.

4.2 How to Appeal

1. Submit an Appeal: File within two months of the decision or mediation certificate.
2. Provide Evidence: Include documents like medical reports, school records, and EHCPs.
3. Attend the Hearing: Present your case before a panel.
4. Decision: The tribunal issues a legally binding decision.

4.3 Legal Representation

• While legal representation isn’t required, you can seek support from:
  • Advocacy services like IPSEA (Independent Parental Special Education Advice).
  • SENDIASS (SEND Information, Advice, and Support Services).
  • Solicitors specializing in education law.

5. Preparing for Mediation or Tribunal

5.1 Gather Evidence

• Copies of EHCPs, reports from specialists, and correspondence with schools or local authorities.

5.2 Build Your Case

• Highlight the impact of unmet needs on your child’s education and well-being.

5.3 Seek Support

• Engage advocacy services or legal advisors to guide you through the process.

6. Understanding Your Rights

6.1 Under the Law

• Children and Families Act 2014: Ensures the right to adequate SEND support.
• Equality Act 2010: Protects against discrimination in education.

6.2 Local Authority Obligations

• Must ensure EHCPs are implemented effectively.
• Required to fund necessary support and adjustments.

7. Common Challenges and How to Overcome Them

7.1 Delays

• Push for timely responses by citing legal deadlines.
• Escalate persistent delays to a tribunal.

7.2 Financial Constraints

• Highlight the legal obligation to meet needs regardless of budget issues.
• Request funding from alternative sources or grants.

8. Resources for Parents

• IPSEA: Free legal advice and support.
• SENDIASS: Information and advocacy services.
• Contact: Provides guidance and resources for SEND families.

9. Moving Forward

• Stay persistent and informed throughout the process.
• Focus on your child’s best interests, balancing cooperation with assertiveness.
• Celebrate small victories, as each step improves your child’s educational journey.