Mediation is similar to, but slightly different from, disagreement resolution. It is where an independent mediator, separate from the council, tries to help parties to reach an agreement about a child or a young person who’s being assessed or has an EHC plan. 

Although mediation is voluntary, in most cases, consideration of mediation is a requirement before submitting appeals to the SEND Tribunal. This means that you do not have to take part in mediation but must contact the mediation service in order to get a certificate to confirm that you have considered it and chosen not to use the service. 

You, or your child if they’re over 16, can use mediation if you plan to appeal to the First Tier Tribunal about a decision we’ve made about: 

• not carrying out an EHC needs assessment or reassessment
• not drawing up an EHC plan after we’ve done an EHC needs assessment 
• the content of an EHC plan
• not amending an EHC plan after an EHC plan annual review 
• not agreeing to a full reassessment of needs after an EHC plan annual review
• no longer maintaining (ceasing) an EHC plan

A mediator can’t:

• take sides
• tell anybody what to do
• try to influence any agreement

The mediation provider for Torbay is Global Mediation. 

You may also find Mediation – Factsheet useful.