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EHCP Mediation Support
Clear, practical preparation to help you understand the disputed issues, organise your evidence and approach mediation with confidence.
EHCP mediation can provide an opportunity to resolve disagreements with the local authority before a SEND Tribunal hearing becomes necessary.
However, mediation should not be treated as an informal conversation.
Parents need to understand:
- what decision they disagree with;
- what outcome they are seeking;
- which evidence supports their position;
- what they are prepared to agree;
- which matters may still need to proceed to appeal.
School of Diversity helps parents prepare a focused mediation case and can provide supported casework through the agreed mediation stage.
What Is EHCP Mediation?
Mediation is a structured discussion between the parent or young person and the local authority.
It is facilitated by an independent mediator whose role is to help the parties explore whether the disagreement can be resolved.
Mediation may relate to decisions such as:
- refusing to carry out an EHC needs assessment;
- refusing to issue an EHCP;
- refusing to reassess;
- disagreement about Sections B, F or I of a final EHCP;
- refusing to amend an EHCP;
- deciding to cease maintaining an EHCP.
The mediator does not make a binding tribunal-style decision about who is right.
The purpose is to help the parties discuss the issues and consider whether an agreement can be reached.
Do I Have to Attend Mediation?
In most EHCP appeals, the parent or young person must contact a mediation adviser before registering an appeal.
After receiving mediation advice, you can usually decide whether to:
- take part in mediation; or
- obtain a mediation certificate without attending a mediation meeting.
You still generally need the certificate before registering the appeal, even where you decide not to mediate.
Different requirements apply where the appeal concerns only the school or other placement named in Section I. A placement-only appeal does not normally require the same mediation step
What Is a Mediation Certificate?
A mediation certificate confirms that the parent or young person has:
- received mediation advice; or
- taken part in mediation.
The certificate may be required when registering an appeal with the SEND Tribunal.
The date on the mediation certificate is also relevant to the appeal deadline.
The tribunal must usually receive the appeal within:
- two months of the date on the local authority’s decision letter; or
- one month from the date of the mediation certificate;
whichever gives the later deadline.
Do not assume that mediation removes the need to monitor the tribunal deadline carefully.
When Might Mediation Be Helpful?
Mediation may be worth considering where:
- the local authority may reconsider its refusal;
- the disputed issues are clearly defined;
- further evidence has become available;
- some amendments may be capable of agreement;
- the parties need clarification from one another;
- the parent wants to avoid unnecessary delay or escalation;
- part of the disagreement may be resolved even if other matters continue to appeal.
Mediation can sometimes resolve a case more quickly than a tribunal appeal, although outcomes cannot be guaranteed.
It may also help narrow the issues so that any later appeal is more focused.
When Might a Parent Decide Not to Mediate?
A parent may decide to obtain the certificate without attending mediation where:
- the authority’s position appears fixed;
- the same issues have already been discussed repeatedly;
- the appeal deadline is approaching;
- urgent tribunal registration is required;
- the dispute involves detailed legal or evidential issues;
- the parent believes mediation would create unnecessary delay;
- a placement-only appeal is being made.
The decision should be based on the circumstances of the case rather than a general belief that mediation is always helpful or always ineffective.
What Can Be Discussed at Mediation?
The issues discussed will depend on the local-authority decision.
Refusal to Assess
The discussion may focus on:
- the child or young person’s special educational needs;
- the educational impact of those needs;
- support already attempted;
- evidence of limited progress;
- whether an EHC needs assessment may be necessary;
- new or overlooked evidence.
Refusal to Issue an EHCP
The discussion may consider:
- the advice obtained during the assessment;
- whether existing SEN Support is sufficient;
- the level and coordination of provision required;
- professional recommendations;
- why an EHCP may be necessary.
Sections B and F
The parties may discuss:
- missing or inaccurate needs;
- vague descriptions;
- omitted professional findings;
- provision type;
- frequency;
- duration;
- staffing;
- group size;
- therapy or specialist input;
- monitoring and review.
Section I and Placement
Where placement is part of a wider appeal, mediation may consider:
- whether the proposed setting can meet need;
- whether Section F can be delivered;
- parental preference;
- specialist provision;
- environmental needs;
- transition;
- available placement evidence.
Refusal to Amend or Cease the Plan
The discussion may address:
- changed needs;
- new evidence;
- whether provision remains necessary;
- whether the plan is still accurate;
- whether education or training remains dependent on the EHCP.
Prepare Clear Requested Outcomes
Before mediation, identify exactly what you want the local authority to agree.
Avoid broad requests such as:
“We want a better EHCP.”
A clearer request might be:
“We are asking the local authority to add the receptive-language needs identified in the speech and language report to Section B and specify three weekly individual language sessions in Section F.”
For a refusal-to-assess case, the requested outcome may be:
“We are asking the local authority to reverse its refusal and carry out an EHC needs assessment.”
For placement, the requested outcome may involve:
- consultation with a named setting;
- agreement to a particular type of provision;
- amendments to Sections B and F before placement is determined.
Every request should be connected to the evidence.
Evidence to Prepare for Mediation
Relevant evidence may include:
- the local-authority decision letter;
- the original EHC needs assessment request;
- the draft or final EHCP;
- educational psychology advice;
- speech and language therapy reports;
- occupational therapy reports;
- autism or ADHD assessment reports;
- SEN Support plans;
- progress information;
- attendance evidence;
- incident or exclusion records;
- correspondence;
- parental evidence;
- child or young person’s views;
- placement information.
The purpose is not to submit every document available.
Select the evidence that directly supports:
- the issue in dispute;
- the change requested;
- the reason the requested outcome is necessary.
Create a Mediation Position Statement
A concise mediation position statement can help keep the meeting focused.
It may contain:
Background
A brief explanation of:
- the child or young person;
- their educational setting;
- their main needs;
- the decision being challenged.
Issues in Dispute
List the specific disagreements.
For example:
- refusal to carry out an assessment;
- omitted communication needs;
- vague Section F provision;
- unsuitable placement.
Evidence
Identify the key reports or records supporting the parent’s position.
Requested Outcomes
State precisely what the parent wants the authority to agree.
Matters Already Agreed
Record points that are no longer in dispute.
Unresolved Matters
Identify what may need to continue to tribunal if no agreement is reached.
Questions to Ask the Local Authority
Useful questions may include:
- Which statutory test did the local authority apply?
- Which evidence was relied upon?
- Why was a particular professional recommendation omitted?
- What provision does the authority believe is sufficient?
- Who will deliver the proposed provision?
- How often and for how long will it be delivered?
- Can the named setting deliver every part of Section F?
- What new wording is the authority prepared to agree?
- When will any agreed amendments be issued?
- Who is responsible for implementing the agreement?
- What remains disputed?
Ask for specific answers rather than broad assurances.
Avoid Vague Agreements
An agreement should be clear enough for the parent to understand:
- what has been agreed;
- who will do it;
- when it will happen;
- what document will be amended;
- when the amended document will be issued;
- what happens if the agreement is not implemented.
Be cautious about wording such as:
- “the authority will consider”;
- “the school will explore”;
- “support will be reviewed”;
- “further discussions will take place.”
These may describe future activity without resolving the actual dispute.
Our Two Levels of Mediation Support
Parents can choose preparation-only support or continued support through the mediation stage.
Compare EHCP Mediation Packages
| Feature | Mediation Preparation | Supported Mediation Casework |
|---|---|---|
| Price | £295 | From £475 |
| Best for | Parents attending mediation independently | Parents wanting preparation and practical support through the meeting |
| Decision letter reviewed | ✓ | ✓ |
| Relevant EHCP sections reviewed | ✓ | ✓ |
| Agreed evidence reviewed | ✓ | ✓ |
| Disputed issues identified | ✓ | ✓ |
| Requested outcomes prepared | ✓ | ✓ |
| Mediation position statement | ✓ | ✓ |
| Key evidence summary | ✓ | ✓ |
| Questions for local authority | ✓ | ✓ |
| Preparation consultation | ✓ | ✓ |
| Attendance at one online mediation meeting | — | Where permitted and agreed |
| Support presenting the case | — | ✓ |
| Review of proposed agreement | — | ✓ |
| Written clarification request | — | One agreed response |
| Initial post-mediation advice | — | ✓ |
| Tribunal appeal preparation | — | Quoted separately |
Mediation Preparation — £295
Suitable where you feel able to attend the mediation independently but want a clear and organised case.
Includes:
- review of the local-authority decision;
- review of agreed relevant evidence;
- identification of the principal issues;
- clear requested outcomes;
- mediation position statement;
- concise evidence summary;
- questions for the local authority;
- one preparation consultation;
- one agreed revision.
Supported Mediation Casework — From £475
Suitable where you want preparation plus practical assistance through the mediation stage.
Includes everything in Mediation Preparation, plus:
- preparation for the structure of the meeting;
- attendance at one online mediation meeting where permitted and agreed;
- support presenting the principal issues;
- note-taking and clarification of proposed terms;
- review of the written mediation agreement;
- one agreed clarification or follow-up response;
- initial advice on unresolved issues and possible next steps.
The final fee will depend on the length of the meeting, complexity of the dispute and evidence involved.
A tribunal appeal is a separate stage unless expressly included in a combined package.
What Happens During the Mediation Meeting?
The mediator will usually:
- explain the purpose and structure of the meeting;
- confirm the issues in dispute;
- invite the parent or young person to explain their position;
- invite the local authority to respond;
- explore possible areas of agreement;
- clarify proposed actions or amendments;
- record the outcome.
The process may take place:
- remotely by video;
- by telephone;
- in person.
The mediator is independent but does not act as the parent’s representative.
Who May Attend?
Depending on the issues, attendees may include:
- the parent or young person;
- the mediator;
- a local-authority representative with authority to make decisions;
- school or college representatives;
- health or social care representatives;
- a supporter or advocate;
- relevant professionals.
Ask in advance:
- who will attend;
- whether they have decision-making authority;
- whether reports have been shared;
- whether a supporter may attend;
- how long the meeting is expected to last.
Can School of Diversity Attend?
Attendance may be included in Supported Mediation Casework where:
- the mediation provider permits attendance;
- the parent provides written authority;
- the role is agreed in advance;
- the meeting is remote unless otherwise quoted;
- sufficient preparation time is available.
Our role may include:
- helping the parent remain focused;
- referring to the evidence;
- clarifying requested outcomes;
- identifying vague proposals;
- taking notes;
- helping the parent understand what remains unresolved.
We do not act as solicitors or barristers.
What Happens if Agreement Is Reached?
Where agreement is reached, ensure the written record states:
- the precise action agreed;
- which EHCP sections will change;
- the wording or provision agreed;
- who will complete the action;
- the completion date;
- any placement consultations required;
- whether an amended or final plan will be issued;
- what happens to any existing appeal.
Do not withdraw or close an appeal solely on the basis of an informal verbal assurance.
Check that the written agreement accurately reflects the discussion.
What Happens if Only Part of the Case Is Resolved?
Some issues may be agreed while others remain disputed.
For example:
- Section B needs may be agreed;
- some Section F provision may be agreed;
- placement may remain disputed.
Record:
- agreed wording;
- outstanding wording;
- evidence still required;
- whether the appeal will continue;
- which issues remain for the tribunal.
Mediation can therefore narrow the case even where it does not resolve everything.
What Happens if No Agreement Is Reached?
The parent or young person may still proceed with the appeal, subject to the relevant deadline and appeal requirements.
The mediation certificate and decision letter should be retained.
After unsuccessful mediation, it may be necessary to:
- prepare the tribunal form;
- draft grounds of appeal;
- organise the evidence;
- prepare parent and young person statements;
- identify witnesses;
- protect the appeal deadline.
Health and Social Care Issues
Where there is an educational dispute, mediation may also involve relevant health or social care matters.
This can include disagreement about:
- therapy;
- health provision;
- social care support;
- coordination between services.
Health and social care issues should be identified clearly before the meeting so that the appropriate representatives can be invited.
Where the dispute is legally or clinically complex, additional specialist advice may be appropriate.
Mediation and the Appeal Deadline
The usual tribunal deadline is:
- two months from the local-authority decision letter; or
- one month from the mediation certificate;
whichever gives the later date.
Parents should:
- record the decision-letter date;
- record the mediation-certificate date;
- calculate both potential deadlines;
- use the later applicable date;
- avoid leaving registration until the final day.
Where there is uncertainty, obtain advice promptly.
How Our Mediation Support Works
1. Book a Free Consultation
Tell us:
- which decision you disagree with;
- the date of the decision;
- whether you have contacted the mediation adviser;
- whether a meeting is booked;
- the principal issues;
- any appeal deadline.
2. Provide the Relevant Documents
We may request:
- the decision letter;
- the current or draft EHCP;
- the original application;
- relevant professional reports;
- parental representations;
- mediation correspondence;
- evidence of the disputed issues.
3. Choose the Support Level
We recommend:
- Mediation Preparation; or
- Supported Mediation Casework.
4. Confirm the Scope
You receive a written service schedule covering:
- documents included;
- evidence allowance;
- consultation;
- meeting attendance;
- follow-up work;
- fee and exclusions.
5. Prepare the Mediation Case
We identify the issues, evidence and requested outcomes and prepare the agreed documents.
6. Complete the Agreed Follow-Up
Where supported casework is selected, we review the outcome and help clarify the next step.
Who Is This Service For?
EHCP Mediation Support may be suitable where:
- the local authority has refused to assess;
- the local authority has refused to issue a plan;
- a final EHCP remains inadequate;
- Sections B or F are disputed;
- placement is part of a wider dispute;
- the authority has refused to amend;
- the authority proposes to cease the plan;
- mediation has already been arranged;
- the parent is unsure what outcome to request;
- the evidence is extensive or disorganised;
- previous discussions have become unfocused;
- the parent wants help deciding whether mediation is worthwhile.
Why Choose School of Diversity?
Clear Requested Outcomes
We help turn general concerns into precise amendments or decisions to request.
Evidence-Led Preparation
The mediation position is connected to the relevant educational, professional and parental evidence.
Parent-Friendly Guidance
The process is explained clearly so that parents understand what may happen.
Two Levels of Support
Choose preparation-only assistance or continued support through the mediation stage.
Transparent Scope and Fees
The documents, evidence allowance, meeting support and follow-up are confirmed before work begins.
Support Across England
Preparation and remote meeting support can be provided to families across England.
Frequently Asked Questions
Must I Attend Mediation Before Appealing?
In most cases, you must contact a mediation adviser and obtain a certificate, but you can usually decide not to attend the actual mediation meeting.
Different rules apply to a placement-only appeal.
Will Mediation Delay My Appeal?
It can affect the applicable deadline because one month from the mediation certificate may provide a later date than two months from the decision letter.
Parents should still monitor deadlines carefully.
Can the Mediator Force the Local Authority to Agree?
No. The mediator facilitates discussion but does not make a binding tribunal decision.
Can I Bring a Supporter?
This should be confirmed with the mediation provider before the meeting.
Can School of Diversity Attend?
Attendance may be available through the Supported Mediation Casework package, subject to agreement with the mediation provider.
What if I Agree With Only Part of the Proposal?
Ask for the agreed and disputed matters to be recorded separately.
Should I Withdraw My Appeal After Mediation?
Only consider withdrawal once the agreement is clear, recorded and capable of implementation.
Obtain appropriate advice where necessary.
Does Mediation Support Include a Tribunal Appeal?
No. Tribunal preparation is a separate service unless included in a written combined package.
Is This Service Available Across the UK?
This page concerns the EHCP mediation and appeal framework in England.
Prepare for Mediation With a Clear Position
Do not attend mediation unsure what to request or which evidence matters.
Send us the decision letter, relevant EHCP documents and mediation date. We will help you identify the issues, organise the evidence and prepare clear requested outcomes.
Important Information
School of Diversity provides practical SEND guidance, evidence review, document preparation and parent advocacy support.
We do not guarantee that mediation will result in agreement or that a local authority will change its decision.
Unless expressly agreed otherwise, our service does not constitute representation by a solicitor or barrister and is not a substitute for regulated legal advice.
Parents and young people remain responsible for forwarding correspondence promptly and checking mediation and tribunal deadlines.