Mediation is a free service run by an impartial organisation separate from Hammersmith & Fulham Council. It's a chance to find out why we've made our decisions, explain why you disagree, and find a compromise.
If mediation does not settle the disagreement, you can follow the SEND tribunal process.
The SEND mediation process
Parents and young people can go through mediation following decisions made by the council.
This might be:
- a decision not to carry out an education, health and care (EHC) plan needs assessment
- a decision not to draw up an EHC plan
- a decision not to amend an EHC plan
- a decision to cease to maintain an EHC plan
Mediation arrangements are specifically linked to decisions made about education, health and care needs assessments and plans.
The parent or young person must contact the mediation advisor to discuss the disagreed elements of either the education and social care elements of the EHC plan, or health and one or both of the education and social care elements.
If the parent or young person wishes to appeal the health element of the plan, then it is the responsible health body to arrange mediation between them and the parent or young person.
If the parent or young person proceeds with mediation, then we must ensure the mediation session takes place within 30 days of the mediation adviser telling us about the parent or young person's decision. We or the mediator will then take responsibility for organising the mediation session.
The role of the mediator
The mediator:
- plays a key role in clarifying the nature of the disagreement in preparation for the mediation session, and clarifying who needs to be there
- has knowledge of the legislation relating to SEN, health, and social care to be able to conduct the mediation session
The parent or young person must be accompanied by a friend, adviser or advocate in the mediation sessions. If the local authority has no reasonable objection, the child can accompany their parents to the mediation session upon request.
Parents and young people who wish to appeal to the Tribunal may do so providing they have contacted a mediation adviser and discussed whether mediation might be the suitable way to resolve the disagreement.
Parents and young people must receive a certificate from the mediation adviser to register their appeal to the Tribunal.
If the parent or young person decides not to go to mediation following contact with the mediation adviser, then they will be issued a certificate within 3 working days to confirm the parent or young person's decision and the information that has been provided.
Contact a mediator
The current provider for SEND mediation services in Hammersmith & Fulham is KIDS SEND Mediation Service.
To speak to a mediation advisor at KIDS:
- Telephone: 020 7359 3635
- Email: mediationlondon@kids.org.uk