Final statement - mediation service

[benito]

Stupid LA have finalised the statement without resolving some eminently resolvable issues and while providing a statement that lacks specificity in many areas. But their approach is, finalise, you appeal and we will negotiate.

I have written to complain about this to the Head of SEN as it is a clear money saving ploy and unnecessarily forces us to start legal proceedings with an appeal. Of course, ehe just bounced it straight back to his caseworkers. I have reminded him that he is publicly accountable for this service and should at least read letters addressed to him!

I will of course appeal to SENDIST.

I have asked the LA if they will agree to my application to expedite the hearing and they have suggested mediation - which is of course what they should have been doing before finalising the statement.

Has anyone been through mediation? How independent is it if the LA arrange it?

Has anyone applied successfully for an expedited hearing? I saw mention on another post of a form you submit but I could not see this.

Mediation service is run by the LEA........

That's what I thought - so what is the point? Or do they expect you to do it as the Tribunal will expect you to jump through hoops.

Its a delay tactic. You can talk to the LEA anyway via phonecalls, letters and emails. Keep a record of them as evidence that you have been trying to communicate with them.

The sooner you refuse to mediation/disagreement resolution the sooner the LEA will respond to your tribunal case.

Ok, good point! Thanks.

No problem and good luck.

are you sure it's run by the LEA? - it's not up here, it's funded by them, but it has to be independent

I think tabulahrasa is right that the mediation service has to be independent. Besides, engaging with them doesn't stop you appealing to sendist or asking for expedited appeal. Why would you need lea's agreement for expediting the appeal? I would have thought that was for sendist to decide.

Would also be interested to hear from anyone who has experience of using mediation.

We've been through mediation, though not as successful as I would of liked. I was still able to proove my pov, around the issues we are having. We finished as a partial agreement in which school had specifics to do which were written in a contract and carried out over 4 months, to which they failed. So I am now left with a bit more choice than before mediation. Choice that will cost the LEA.
My husband and I both thought the mediator was in favour of the LEA, however my mam was also in the meeting and she thought he was impartial. Our mediation meeting together took over 4 hours so be aware, it can go on!!
Some sort of agreement has to be met, outcomes were, no agreement (my mam felt if you went for this, in my case, was showing i couldn't work with them and couldn't compromise), partial agreement, which meant things were aired but still a long way to go and you were able to have a bargain. conditional agreement, which was you come to an agreement on condition of the results. Then lastly full agreement.
HTH and if you have anything else to ask, feel free x

Thanks - I know they are supposed to be independent but then so are Parent Partnership and it's always a bit hit and miss with them.

No you don't need the agreement of the LA to expedite. It is a decision for the Tribunal but that decision is easy to make if both parties agree.

devientenigma - interesting to hear your experience. Thanks.

Thanks Devient and benito, that makes things a bit clearer - we are also wondering about using mediation.

i'm in the same boat, lea have finalised statement without making any amendments whatsoever, although the do say they will produce a amended statement in due course? whatever that means. i guess its just delaying tactics. i will be sending sendist appeal off on Monday morning, sigh!

are people experiences with parent partnership not good in diff areas then , mines been brilliant?

I think it does differ. My PP person has been good latterly but she advised against a statutory assessment initially as it didn't meet LA criteria! Good job I ignored that then.

oh yes im sure they dont get everything right , mind you thats a pretty fundamental one tho mines been good she cant do enough for us and hasnt missed a single appointment or meeting and i must admit i do check everything she says i wouldnt take it as red IYSWIM can you tell me more about mediation ive a feeling im going to need tham too

Yes we got expedited hearing no problem. If the LA agree it is pretty automatic if they don't you have a tel hearing as to why they object. Ask them to reply re agreement to expedite it won't be that much quicker - find out from sendist when they are listing up to. There will still be time to mediate but having a final hearing date will make it much more likely the LA will actually engage with it. But I think its mostly a waste of time unless you have a clear signal they want to compromise. There is form on sendist website or ring the clerks they are very helpful.

Thanks. The LA have said they won't agree to expedite as we can mediate instead

Of course, they could also have looked at the case properly before finalising and saved us all the bother.

Well mediation only takes a day so thats not a good reason to shorten the timetable from 6 to say 3 months!

Just appeal / apply - chances are they will agree to expedite without a telephone hearing. even if you have a telephone hearing its a Judge who will ring and you will both be on the line at the same time and you just each put your reasons. But if you put your reasons on the form when you apply its unlikely the Judge will need to ask you very much. You should have to hand dates when your witnesses are available etc

You should look at the likely timetable SENDIST will give and look at where it can be shortened eg if you have submitted all professional reports already.

You can tell the LA you have appealled and asked for it to be expedited and say that does not prevent mediation but does ensure there is not further delay if mediation fails. Once you have a final hearing date that will focus their minds.

I was going to say issues are well-known, all evidence exchanged, proposed amendments in appeal are a repeat of those made in December before LA meeting.