Wirral Disagreement Resolution and Mediation Service

Disagreement Resolution

Disagreement Resolution

If Parent/Carers or Young people have a disagreement with Education, the Local Authority, Health or Social Care Services, about matters relating to Special Educational Needs and Disabilities (SEND) or provision that you are finding difficult to resolve, you may consider requesting a Disagreement Resolution meeting.

A Disagreement Resolution meeting is chaired by an independent Mediator and allows parties to come together to discuss issues and explore possible solutions in a respectful, constructive way. Disagreement resolution meetings can help find a solution which is agreeable to both parties and can prevent the disagreement from escalating.

Both parties come to the meeting voluntarily, with a view to resolving the disagreement, improving the channels of communication and reach realistic, practical solutions that meet the child or young person’s needs

Disagreement resolution covers all children and young people with SEN, not just those who are being assessed for or have an EHC plan.

What can I request Disagreement Resolution about?

• The way that education providers carry out their education, health and care duties for children and young people with SEN, whether they have EHC plans or not.
• The duty on education providers to use their best endeavours to meet children and young people’s SEN
• The duty on the local authority to keep education and care provision under review and the duties to assess needs and draw up EHC plans
• Special educational provision made for a child or young person.
• Disagreements with the ICB or local authority about health or social care provision during EHC needs assessments, while EHC plans are being drawn up, reviewed or when children or young people are being reassessed.
• Special educational provision made throughout assessments, drawing up of EHC plans, while waiting for Tribunal appeals and at review or during re-assessments

The Disagreement Resolution process

• Contact Wirral Disagreement Resolution and Mediation Service, to speak to a Disagreement Resolution advisor, who will gather information about the nature of the disagreement and provide you with information about what to expect.
• WIRED will send a written request to the relevant parties, including the details of the disagreement
• If all parties agree, WIRED will make all of the meeting arrangements for you.
• If agreement/resolution cannot be agreed by all parties, that is the end of the disagreement resolution process
• The outcome of the meeting is documented in an outcome statement that is signed by all parties at the meeting. The outcome statement documents agreed actions and outcomes. The outcome statement is an informal document and is not legally binding.

If you would like to try another approach that feels a little less formal, contact Wirral SEND Partnership (SENDIASS) and ask about early resolution support. Early resolution is an approach that is embedded within how SENDIASS operates to help resolve disputes and complaints quickly and informally. This could be a dispute or complaint about all SEND-related matters with Education, Health or Social Care services.  

Mediation

Mediation is a confidential process (except in cases where there are safeguarding issues) and is conducted in a safe, neutral environment that allows for both parties to be listened to and understood. Young people or their families who have, or who have requested an EHC Needs Assessment or already have an Education Health and Care Plan (EHCP) have the right to request mediation if they are unhappy with the local authority’s decision.

Issues which can be discussed in mediation before going to appeal include:

• The Local Authority’s refusal to carry out a needs assessment
• The Local Authority’s decision not to issue an EHCP following assessment
• The description of the young person or child’s special educational needs and the extra help (provision) that is required to meet those needs (Sections B & F)
• The Local Authority’s decision to cease to maintain an EHCP
• The educational placement named in Section I of the EHC Plan or that no placement has been named

Young people and families must consider mediation before registering an appeal, but they also have the right to decline it if they so wish. This decision will not affect the outcome of the appeal.

If the disagreement only concerns the name of the educational placement (Section I) then the case can proceed straight to appeal without the need for mediation. However, we would advise that you consider whether Sections B & F are a fair and accurate representation of the child or young person, because the contents of these sections will influence the named placement. You can still request Mediation for Section I only.

The Mediation process

• Contact WIRED to speak to a Mediation advisor, You will be asked for more information, including a copy of the decision letter you received from the LA to make sure you receive the correct advice.
• Mediation Advice – You will be given some very specific information about Mediation to help you make an informed decision. If you do not wish to participate in mediation a certificate will be issued within 3 working days of receiving advice. You can send this certificate to Tribunal to register an appeal.
• If you would like to request a mediation meeting, the Mediation Advisor will send your request to the LA. If you request Mediation, the LA must comply and must arrange the meeting within 30 calendar days. The mediation service will make these arrangements for you.
• The meeting will be chaired by an Independent, trained Mediator. Most meetings will take place virtually, but you can request a face-to-face meeting in a neutral accessible venue.
• The mediator will then take notes during the meeting and formulate a Mediation agreement, which is binding (meaning the LA must carry out what was agreed). This will be sent to both parties, along with a Mediation certificate within 3 working days of the mediation taking place, regardless of the outcome.
• If the mediation did not fully resolve the disagreement, and the young person or parent still wishes to appeal to Tribunal, you must register an appeal within one month from receiving the certificate or two months from the original decision by the local authority, whichever is later.

Wirral Mediation & Disagreement Resolution Service can give further information about registering an appeal with Tribunal. We can also sign post you to free, impartial, information, advice and support with the Tribunal process.

To speak to a Mediation & Disagreement Resolution Adviser;

Please call 0151 522 7990 (staffed Monday to Friday 9am – 4.30pm)

or email mediationadmin@wired.me.uk