sen mediation

[ljld84]

i am currently going through sendis appeal to get my son into the right special school. The tribunal is going to be on 13th may and the council have just decided that they now want to go to mediation on the 9th may.

I'm really not happy about this and really don't want to attend. I feel that i will be pressured and bullied into accepting their proposed and unsuitable placement. I have agreed to attend because i don't want it to go against me at the tribunal and parent partnership have agreed to come with me although they have had no involvement in the case so far but if they don't come i will be alone as my solicitor is unable to make it.

I can't see the point in mediation so close to the tribunal and the mediator has told me to keep an open mind. There is no way that i am willing to negotiate my son's placement and i am not prepared to back down so i already feel that the mediator is negative about me because of this.

Has anybody ever been to mediation? especially so close to the tribunal? i'm feeling more stressed about the mediation than the actual tribunal!!

I don't really know what to expect and i'm worried about either losing my temper or being pressured into agreeing to something i don't want.

sorry i've posted this in a few sections as im desperate for advice!

Ask them who will be doing the mediation and for evidence of their impartiality as well as knowledge of SEN Law.

Say that you would like this information before you can decide whether or not it would be in your child's best interest for you to attend.

It is also within your rights to say that you welcome mediation but via your preferred communication methods as you find face-to-face meetings intimidating.

You can say that you are available via email for discussion and hope that you are all able to move forward as quickly as possible in order to reduce the delay in your child's needs being met.

i have spoken to the mediator and they have sent me all their information which confirms that they are independent and impartial and are trained in sen law. i feel like i don't have any choice but to attend because it will look more favourably on me at tribunal if i do attend. i don't want to do anything that could jepordise my case. my solicitors advice and parent partnerships advice is to at least show up but nothing is going to get resolved i think the council are just doing it as a tick box exercise.

Hmm, well if you can do it then by all means do it.

The trick is to say pretty much nothing and agree to nothing. If it sounds reasonable then say you'll think about it and get back to them after you have spoken to your partner/advocate/laywer/MNers whatever.

Don't justify your case or tell them anything about it. Let them do the talking. Just say that you disagree, if you do, and leave it at that.

Would you have a problem PMing me the name of your mediator(s)?

thanks for the advice. that was my plan just to say the bare minimum necessary and not to resolve anything unless obviously they give me what i want!
my solicitor says she will prepare a statement for me to read from so i might just stick to that.
we cant understand why they are going to mediation 2 working days before the tribunal.
i'll pm you the mediators name. there isnt much about sen on their website but they did email me all the relevant leaflets and agreements.

Have you looked on the "about us" section of the mediators' website? There might be potted CVs which you could use to determine if they really are independent. Many mediators are ex LA bods - and this should show up on the "About Us" section of their website. If you have the name of the mediator, you could also look on LinkedIn to see if they have a profile there. If there's any hint of them being ex-LA then they are not independent.

I wouldn't take Parent Partnership under any circumstances. They are NOT independent - most are paid by the LA and even physically sit in the same office space as the SEN team.

Do you have a really good cool-headed friend you could take? Doesn't matter if they know nothing about education law - but someone who can act calmly and if they think the LA are tricking you into agreeing something - will be able to stop you.

It's madness that its so near tribunal - they've had all these months and then pull this. But if your solicitor had said go, then you should.

As a matter of interest, is the solicitor MN or KA?

my friend is going on holiday which is the only reason i have asked parent partnership coz otherwise i will be completely alone. the mediator has said that i can sit in a separate room to the LA if i want. my solicitor is a legal aid one based in london which is why she cant come up for mediation coz it will cost too much especially when she is coming up for the hearing 2 days later!
i might give my solicitor a ring on tuesday re parent partnership being there and whether she thinks its a good idea.
this is the linkedin profile for the mediator:
uk.linkedin.com/pub/manda-sides/81/99b/a03

Well she may say she's had training to be a mediator but she's far from independent! She's ex-Hertfordshire County Council SEN Team manager! And not that much of an ex as she's all over google in that role! I wouldn't trust her and this meeting as far as I could throw it.

Ask your solicitor if you HAVE to do it bearing in mind that this is not an independent mediator. If you are in Herts LA then I would absolutely refuse to go. There is nothing in the Education Act/SEN CoP to say that you have to have mediation.

If you HAVE to go then see if you can find another friend to go with you.

My guess is that your LA's solicitor is a certain firm with the initials of BS?

no it isn't they have got 39 Essex Street from London acting as their legal reps.
i'll speak to my solicitor because i really don't want to go anyway and i don't see the point so close to the hearing hopefully she'll agree

I've just answered my own question by clicking an innocent looking link on the mediators' website. Yup, I smell BS all over this.

oops xpost. Maybe not BS this time. But it still smells of BS

I would also state that you can't afford legal representation for the mediation and you are not going to any meetings so close to Tribunal without legal representation.

thanks for the advice i'll just say im not comfortable going with my solicitor and i can't afford to pay for her to come up twice, which is all true anyway!

im shocked at how little advice and support there is for parents going through sendist. i mite look at setting up a little support webpage or something once this is all over. just need to learn how to make a webpage lol!

Yes - there is very little advice. But there is an absolute wealth of bitter experience, support, and advice from people on this board. Collectively we've seen it all!

The BSing Director originally registered the mediation company if you look at Companies house info.

I wouldn't go that that meeting without legal support and tbh, I'd be unlikely to go WITH legal support. I'd know from the outset that it was going to be dirty.

It's that old saying... If it smells like BS and it looks like BS, it's BS.

No I wouldn't go to this meeting either. Even with legal representation, it would be a waste of my time and money. Money which could be used towards my DC.

Don't touch those mediators with a bargepole. One of them is currently a solicitor with BS, although he seems to be careful to keep that quiet on the mediation company's website. BS, in case you haven't worked it out, is a firm of solicitors that does a lot of work for LAs, and they are, shall we say, extremely enthusiastic about pursuing LA interests. They are really the reverse of independent, and it is appalling that any LA is recommending them.

Has your solicitor checked them out? I'd be amazed if anyone with experience in tribunal work would willingly let a parent anywhere near them.

Don't go. A tribunal will not look negatively at this very late request 2 days before. I would simply get your sol to draft a letter saying while you would have been open to mediation serveral months ago, at this late stage in proceedings, with your sol unable to attend and with no sign of any desire by LA to compromise you can't see it would serve any purpose and you will let the tribunal decide the placement. Your sol could even say given both sides are legally represented and experienced in negotiation there is little need to incur the costs of an indep mediator as any discussions to narrow the issues can be dealt with direct by the legal reps and your sol is happy to continue to hear from the LA about any suggestions up to the morning of the tribunal.

I would not even reply direct. You have a solicitor and she should write for you. When a party is legally represented they should not be contacting you direct.

I would be very surprised if a judge criticised you for not going to what is obviously an ambush. If it comes up at tribunal I would say you had concerns about the independence of the mediator and the real purpose of the mediation given the mediator's background, the timing and that the La had not indicated it was willing to concede any points! Then sit there looking suitable meek and mumsy.

You can even say if there had been time to find and agree another mediator you would have been more willing to consider it but unfortunately the LA left it too late.

Be prepared for dirty tactics on the day if BS is involved.

Are you aware of the two very recent cases about taking all public costs into account when considering costs of places? Might be relevant to you.

yes i am aware of those cases my solicitor seems to be on the ball when i manage to get hold of her and im very lucky because the school that i am pushing for is very experienced in tribunals and know their stuff!

its difficult using a legal aid solicitor because you can't choose which one you get and she is based so far away so i'm having to rely on telephone calls and emails. i know she had another tribunal this week and said she would be going through my case next week so hopefully i can have a good chat with her on tuesday.
we have tried engaging in email discussions with the LA on numerous occasions but they won't engage and will only discuss things verbally which is completely unprofessional imo.

i did wonder why they had found a mediator from so far away but now its kinda making sense. im very cautious when it comes to dealing with the LA, they always have a hidden agenda.

luckily BS isnt involved in my case they sound like a right bunch of t!

i'll let you know what my solicitor recommends next week...

I've heard rumours that that firm is not popular with the more clued up tribunal judges. So if this is an issue (and I suspect it won't be), mention the name of the male mediator quoted on that website and the fact that you have been told that he works for a firm that does a lot of work for LAs. That will probably be the end of it.

Gosh - what a tangled web they (try) to weave! Do you think the addition of his glasses is an attempt to show that he is not the same person on both websites?

I would suggest that although the LA barristers are 39 Essex Street, their solicitors are BS.

It's true some judges are unimpressed by that firm. But LAs continue to employ them because they are ego-panderers and vindictive.

Well, these mediators clearly don't practice what they preach. In their When is mediation appropriate page, they clearly state mediation should be used early on and isn't effective if it's used late in the process. A couple of days before Tribunal is way way way too late!

This is nothing more than a late ambush by the LA!

Knowing BS, they wouldn't care when the mediation happened or whether it succeeded or not, so long as they get paid.

I think there's something in the new draft code of practice which says that the LA can nominate mediators but the parent doesn't have to accept them and can nominate their own - which the LA has to pay for. Logically the same principle should apply now. So if this LA suddenly sprang this mediation on you at the 11th hour when there would be no time for you to find someone else, they can't complain if you reject their choice of mediator.

well after lots of kicking and screaming, i went to mediation. i have tried everything to get out of it but my solicitor advised me to go as there were so many outstanding issues.
i completely dreading it and expecting to be losing my temper and getting nowhere at all.

BUT...

it actually went very well. the mediator was very fair and understood all of my concerns with the LA's proposed placement at an ASD unit. parent partnership were fantastic and supported me to get my views understood by the LA.
the whole process was very calm and very productive. the LA have not agreed to fund my preferred indie school but have agreed to fund a place another indie school which is just as good but a little further away. im taking DS to the school next week to have a look around and hopefully he will start in september! :)