EHCP mediation - any experiences please?

[alloalloallo]

I have a mediation meeting on Friday - I’m bricking it somewhat.

DD has several disabilities and learning needs. She was brilliantly supported through primary and secondary school, until covid hit. Then she started college and it turned into a shit show.

The application was turned down originally because college did not provide sufficient information.

Despite telling me they were supportive of the application, they’re refusing to attend mediation and refused to provide any further evidence that what was originally submitted.

SENDiass are coming with me, the mediator is lovely and has reassured me it won’t be formal or intimidating, we’ve got lots of supporting evidence from CAMHS and the medical professionals involved in DD’s care and her old high school have provided evidence that when she’s supported properly, she does well, even evidence from the first term at college when she received good support shows distinctions across her work. So we’re good on that front, but I do know that college not attending/submitting more evidence will make it tricky.

I just don’t know what to expect so any experiences would be great.

Thanks!

We never did it, pointless waste of time was what everyone advised us. We went straight to appeal both times we needed the mediation certificate. I can't say I've ever heard anyone actually do mediation successfully but I do hope someone comes along with good feedback.
My issue with it is that I'm presenting them the same things as last time, and the reason we always appealed was to get specific wording on a plan, which they wouldn't agree to. I doubt a mediation would've changed anything as I wasn't willing to meet them half way. Their half way would've meant DDs EHCP was very wooly.

Thanks!

We went for mediation mainly because tribunals are taking months and sometimes years round here.

Also, as it was only refused due to insufficient evidence it was the quickest way to get that evidence back to the LA. Not that college have actually supplied any additional evidence

Ah I see. That makes the most sense. Our last appeal was before COVID and we waited around 4 months so I suspect it's much worse now. In my experience the 'not enough evidence' appeal is normally the easiest one as the test in law is really easy to pass. It sounds like you have the right support but I would also make sure you equip yourself with some legal jargon so you understand what it happening. IPSEA is helpful for this. Also remember if they say that this is their policy, remind them that their policy does not trump the law and by going through mediation you're trying to work with them and save them money in court fees.
Hope it goes well.

I agree with @Dodgeitornot.

LAs often use mediation as a delaying tactic, just get the certificate and submit to SENDIST. The waits for a hearing are long (although not years), but if the LA are going to concede they will do so regardless of whether you actively partake or only get the certificate.

Be careful with SENDIASS, some are good but too many repeat the LA’s unlawful policies.

We waived mediation too on the grounds that we were at an impasse and it would be of no value/use, got the certificate and went directly to tribunal. LA conceded almost immediately and agreed to grant an EHCP. Went around the merry go round again when the wording and provision of the EHCP was inadequate, didn't take into account professional reports and wasn't quantified. Again waived mediation and went directly to tribunal, LA again conceded and the EHCP was done properly. They don't dick about with me at reviews now.

SENDIASS advised us to skip the mediation process because it wasn't legally binding, and to go straight to Tribunal, which is what we're doing. We have a hearing date listed for early next year, so yes there is a long waiting time, but the result will be legally binding.

Thanks!

We were told we’d be looking at a tribunal date of early next year, whereas the date for mediation came through in 6 weeks.

We went for mediation as it was the quickest way to get the extra information in front of the LA. We can always go to tribunal afterwards.

We did it very successfully.

I second being careful about SENDIASS. At least our local one follows the LEAs illegal policies and I had to go through with lots of evidence from IPSEA. Given the crazy dates for appeals, it makes sense for you to try the mediation.

We've had two very different experiences with SENDIASS. The first one, where we used to live, was very much on the side of the LA not us, and just kept agreeing with them and their unlawful policies. The second one, where we are now, is a lot more supportive and critical of the LA.

Thanks all!

Just a bit of good news - I had a phone call first thing this morning from the mediator to tell me the mediation meeting had been cancelled as based on the further evidence we submitted, the LA had overturned their initial refusal to assess.

I’m so relieved. I was very much bricking it.

Thanks!

@alloalloallo Yay! So happy for you. Hope the assessment goes well.

That's good news. I hope your LA do things properly from now on. I'm not convinced ours will. They're difficult and obstructive, and started pushing back angrily at us, presumably in an attempt to intimidate us and get us to back off. I hate them.