ECHNA refusal to assess - mediation or not?

[tothetower]

My LA have refused to assess. I have spoken to the mediator who explained the process and my options. The current wait for mediation is one month and tribunal is 12 months. Do i attempt the mediation as it'll only add 1 month on, or do i refuse and just get the certificate?
I really don't know what is the best thing here.
Also - if i appeal to tribunal - am i able to do this without paying for lawyers etc? Or is that not advised?

Personally, I would just get the certificate and submit to SENDIST. LAs use mediation as a delaying tactic. If they are going to concede they will do so regardless of whether you actively partake or just get the certificate and submit and by not going via mediation you aren’t losing time if they do not concede.

Although the waits are still long refusal to assess appeals are mostly paper based so mostly aren’t as long a wait as refusal to issue/content/placement appeals.

You don’t need legal representation.

Thank you - Do they ever change their mind when getting the meditation certificate - or does it definitely go to tribunal either way

In my experience, more often than not mediation is not successful. Submitting straight to SENDIST doesn’t mean you can’t go back to the LA and e.g. provide more evidence, ask for it to go back to the ‘panel’ etc.

I would think the 12 month waits are for refusal to issue as those tribunals are done in person. We requested an EHCNA in October, were turned down within the 6 weeks, declined mediation and the tribunal sent their decision (Council must assess) mid April, based on a paper hearing only. So 6 months in total. Although it wouldn't surprise me if it took another 6-12 to actually get anywhere.

All v tedious.

Mediation is only a delaying tactic do just crack on to tribunal.
I'm expecting a refusal to assess anytime now but won't be faffing with mediation.

Thanks everyone I've refused mediation and got the certificate.

@Phineyj did you provide any more info for the tribunal or did they just look at what was already there and decide?

Depending on what evidence you already have you should consider whether you need independent assessments. If you do but you aren’t eligible for legal aid contact Parents in Need as they can sometimes help.

I didn't need any extra info as we already had an ADOS and ADHD assessment plus a letter from the physio and a report from the optometrist. So I just wrote all that up, using the guidance on the IPSEA website and on the SENDIST forms themselves to help me organise it.

I have filled in a lot of fundraising proposals in my time though and it is not dissimilar!