The clause below makes me very very nervous. I still cannot see how you can mediate a child's special educational needs. Mediation for divorcing warring couples, yes. A child's education, no. Although I appreciate that the code says the mediator has to be independent. But it doesn't explicitly state who will be paying for these mediation services (unless I missed it?).
I can see this mediation clause being yet another thing LAs will use to beat a parent over the head with. One by delaying-tactic layer. One more layer to scare a parent off.
___
"The Children and Families Bill sets out that parents and young people may only make an appeal to the SEND Tribunal after they have contacted an independent mediation adviser. The Code states that this is in order to “provide an opportunity to resolve disagreements before an appeal to the Tribunal”. Mediation must be considered before registering an appeal, but that “once the information has been provided [by the mediation adviser], it is for the parent or young person to decide whether they want to go to mediation”. A certificate will be issued –either within 3 working days of the end of mediation, if the parent or young person wishes to proceed, or within 3 working days of a decision not to go through mediation.
The Code states that a local authority must include a notice about mediation when informing parents of a decision that can be appealed to the Tribunal. The Code states that the parents and young people receive about mediation “should not seek to pressure them into going to mediation”. If a parent or young person wishes to appeal, they must contact a mediation adviser within 2 months and the adviser will “provide information on mediation and answer any questions which the parent or young person may have”. The Code states that the exception to this is in appeals specifically about the name of the school or institution named on an EHCP, the type of school or institution named on an EHCP, or if no school or institution is named on an EHCP.
The mediator must be independent which the Code defines as being someone who is not “directly employed by a local authority” and should be accredited. The Code says that they “should be ready to answer any questions from the parent or young person and explain that mediation is an informal, non-legalistic, dispute settlement process run by a trained third party and designed to bring two parties together to clarify the issues, and reach a resolution”. “Reasonable” travel costs and “other expenses” will be paid to the parent or young person by the local authority"