SEND Mediation

Cheshire West and Chester Council and NHS Cheshire CCG are required to commission a Mediation and Disagreement Resolution Service to provide dispute resolution, mediation adviser and mediation service to support children, young people and their parents/carers in relation to Special Educational Needs and Disability(SEND) issues, including where Education, Health and Care Plans assessed by the Council and its key partners are contested by the young person or their parent/carer. The Children and Families Act 2014 requires all local authorities and NHS Cheshire CCG to provide independent mediation and disagreement resolution service to help when parents/carers or young people cannot agree with the council or other providers about SEND provision for a child or young person. Other providers include early year's settings, schools, colleges, Health services and social care. The Disagreement Resolution arrangements are for all children and young people up to the age of 25 years, who have special educational needs, not just those who are being assessed for, or have, an Educational, Health and Care Plan (EHCP). The mediation arrangements are for those who are considering making an appeal to the First Tier Tribunal (SEND).The law says that young people or parents/carers who want to appeal to the First -Tier Tribunal (SEND) must first contact a mediation adviser. Local authorities and Health Commissioners must make independent Mediation and Disagreement Resolution services available for young people and their parents/carers with SEND. The Service will be delivered in line with the 2015 SEND code of practice (Chapter 11 Dispute Resolution) and in accordance with Sections 51-57 of the Children and Families Act 2014. The mediators will always remain independent of the local authority or clinical commissioning group.