In short
- Before appealing, you must usually contact a mediation adviser. You don’t have to take part in mediation.
- If you don’t want mediation, the adviser must give you a certificate within 3 working days.
- If you do mediate, it must take place within 30 days. You can still appeal afterwards.
SEND mediation is a free, confidential meeting with an independent mediator to try to settle a disagreement with the council. Before most SEND Tribunal appeals you must contact a mediation adviser, but you don’t have to take part in mediation itself.
Why you need a certificate
The Children and Families Act 2014 says you must get mediation information before appealing to the SEND Tribunal. The tribunal won’t accept most appeals without a mediation certificate.
You don’t need one if your appeal is only about the school or type of school in Section I.
How to get a certificate
- Find the mediation service named in the council’s decision letter.
- Contact them by phone or email within 2 months of the decision.
- Say whether you want mediation.
- If you don’t, ask for a certificate. It must arrive within 3 working days.
Check the exact deadlines for your child
Your new appeal deadline
Your deadline to appeal becomes 2 months from the decision, or 1 month from the date of the certificate, whichever is later. Put it in your diary as soon as you have the certificate.
Should you try mediation?
Mediation is a meeting with an independent mediator, you and the council. It can help when:
- you think the council might agree to changes if you talk them through
- the disagreement is about health or social care, which mediation can cover
- you want a faster result than an appeal
It may not help if the council has refused to move on the key points, or if time is short.
Mediation is free and confidential. The council must make sure it happens within 30 days of you saying you want it. Anything agreed should be confirmed in writing.
Key deadlines
| Step | Deadline |
|---|---|
| Get a certificate if you don’t want mediation | Within 3 working days of contacting the adviser |
| Mediation, if you choose it | Within 30 days |
| Appeal after mediation | 1 month from your mediation certificate, or 2 months from the original decision, whichever is later |
Questions parents ask
How quickly does mediation happen?
If you choose mediation, it must take place within 30 days.
Can I still appeal after mediation?
Yes. You get a certificate when mediation ends. You then have 1 month from the certificate, or 2 months from the original decision, whichever is later.
Do I have to pay for mediation?
No. Mediation is free for parents and young people. The council pays for it.
