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ECHP Anyone used Solicitors for mediation

7 replies

PerpetualCircle · 06/03/2020 20:47

Feeling so daunted at the thought of fighting LA regarding DS named school. I think I will mess it up, I am single parent, working full time while caring for my son. LA are CFs naming inappropriate local comp.
So going for mediation has anyone taken a legal rep in there with them, or do they just do tribunal work?

OP posts:
Ellie56 · 07/03/2020 14:27

I wouldn't bother with mediation. The requirement is only to consider it; you don't have to actually go through with it. Just ring the mediation number up and ask them to issue the certificate. You will need the mediation certificate to submit your appeal.

Our solicitor recommended not going to mediation as it can take 3 or 4 weeks to arrange and you might end up being no further forward after another month. Our LA would have only used it as another delaying tactic anyway. Hmm

Solicitors usually advise to appeal Sections B (Needs) and F (provision) as well as Section I (placement) of the EHC Plan.

You will not mess up. There are people out there who can help.

www.ipsea.org.uk/appealing-to-the-send-tribunal

www.ipsea.org.uk/tribunal-helpline

www.sossen.org.uk/

www.educationalequality.co.uk/

www.sunshine-support.org/

Would you qualify for legal aid?

www.ipsea.org.uk/where-can-i-get-help-with-making-an-appeal

PerpetualCircle · 07/03/2020 15:44

Thank you @Ellie56, time is of the essence in this case. I thought the tribunal would look more favourably if I attempted to resolve things before tribunal, but I have no experience of these things.
A local solicitor is hosting a drop in event this month so I will be attending. I have already contacted the mediation people though, but it was only yesterday, so I guess I could tell them I’ve changed my mind.
I’ve seen things on here about tribunal workshops etc, but I don’t have the mental capacity to learn SEN law enough to self represent.

OP posts:
PerpetualCircle · 07/03/2020 15:46

I won’t qualify for legal aid.

OP posts:
ExpletiveDelighted · 07/03/2020 16:14

Get the certificate and get the appeal in ASAP, the tribunal gets very busy from now until summer with all the appeals against placements named by the February deadline. If you need help consider an advocate rather than a solicitor, the cost will be much lower. I think SOSSEN will be able to advise you which would be better for your case and give recommendations, but of course they all get busy too at this time of year so time is of the essence.

PerpetualCircle · 08/03/2020 15:39

Crikey @ExpletiveDelighted, spoke to SENDIASS on Friday and they failed to mention this. I often wonder how impartial SENDIASS are in my LA. They were really pushing the mediation route.

OP posts:
ExpletiveDelighted · 08/03/2020 20:46

Sadly that doesn't surprise me.

JudyCoolibar · 09/03/2020 07:37

I thought the tribunal would look more favourably if I attempted to resolve things before tribunal, but I have no experience of these things

I don't think they're in any way affected by that. By definition, every appeal must follow either refusal of mediation or failed mediation, so it's not as if it's unusual for them.

Can you get to SOS SEN's workshops? Even if you have a solicitor it's helpful to know about the process. Their booklet on appeals is also useful.

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