Mediation for EHC needs assessment

[Justpeachy88]

Hi has anyone managed to secure a needs assessment through mediation?

I was going to appeal but was told the process would take longer than a year and it’s most likely to be resolved straight away through mediation.

I’ve agreed to go ahead with this but unsure of the process and not sure wether to go ahead without the school SENCO as the whole reason I’m going ahead with the EHCP is because the school aren’t putting provisions in place despite admitting he needs them as I’ve found in the subject access report. I’ve asked for meetings/ a reduced timetable etc all have been ignored so far. I understand they’re busy but not sure whether to try and go ahead alone as the support has been none existent so far.

Refusal to assess appeals are heard in the papers unless there is a pressing need for an oral hearing, so don’t take a year.

If you want to go ahead with mediation, you don’t need the SENCO to agree to attend. If you go ahead with mediation, make sure someone with decision-making authority attends mediation. They should, but sadly LAs often send someone who can’t/won’t, so check.

Personally, I would just get the certificate and submit an appeal. If the LA would overturn the decision at mediation, they can concede an appeal.

I agreed to mediation having been told likely be resolved this way, it wasn’t and they dragged dates on longer than they should have to do mediation meeting and clear from it they had no intention of resolving it during the meeting.
Waste of time, wish I had listened to everyone saying just get the certificate and go for tribunal. As in previous post the LA can concede an appeal.

Thanks so much I’ve withdrew mediation and got the certificate now. Just need to get some advice on how to appeal, I’ve got a lot of reading to do tonight and maybe I’ll give send IAss a call for help, I’m not great with these things x

To appeal a refusal to assess you need to complete the SEND35a form and send that, your evidence, the mediation certificate and the decision letter to SENDIST.

Ok, great thank you! :)