Mediation must be available to any parent or young person who is not happy with the final version of their Education Health and Care Plan. (Any disagreement about anything else is open to disagreement resolution, not mediation).
Level 1 – Mediation Advice
Access to mediation must be via an independent Mediation Adviser, who can advise parents on what is involved, and can refer them (via the LA) to a mediation service. They can seek mediation about any of the three elements of their plan (Education, Social Care, Health).
Mediation Advice is currently provided by Kids UK.
Level 2 – Mediation Service
The Local Authority must commission a separate independent Mediation Service, which will provide the actual mediation for those who want it. If the parent/young person chooses to seek mediation, relevant representatives of the LA and Health must take part, and must be represented by people able to make a decision on behalf of their Authority.
- Parents must consider (though not necessarily take part in) mediation before they can appeal to the First Tier Tribunal. This must be certified by a Mediation Adviser before the Tribunal will accept the Appeal (see below).
- If the mediation concerning Social Care or Health is not successful, parents can pursue a complaint through the normal complaints process.
A Mediation Service is currently provided in Islington through Kids UK.