Letter: mediation

Send this when you disagree with a Local Authority decision, for example a refusal to assess, a refusal to issue a plan, or the content of the plan, and you want to try mediation or you need the mediation certificate before you can appeal.

For most appeals you must contact a mediation adviser before you can appeal to the SEND Tribunal, and you must do so within 2 months of the Local Authority’s decision. You do not have to go ahead with mediation, but you need the certificate to appeal. You can skip mediation only if your appeal is solely about which school is named (Section I). If your appeal also covers Section B or Section F, which is the case in almost every content appeal, it is a mixed appeal and you still need the certificate first. If unsure, contact a mediation adviser anyway. It never harms your appeal. Confirm your exact deadlines with IPSEA or SENDIASS. This applies in England; check your nation if elsewhere. This is information, not legal advice.

Here is the template.

To: [LA SEN TEAM / MEDIATION CONTACT GIVEN IN THE DECISION LETTER]. Date: [DATE]. Dear [NAME OR “SEN Team”].

Request for mediation regarding [CHILD’S NAME]. Child’s name: [CHILD’S FULL NAME]. Date of birth: [DD/MM/YYYY]. Your reference: [REFERENCE NUMBER]. Date of the decision I disagree with: [DATE].

I disagree with your decision dated [DATE] to [DESCRIBE, e.g. refuse an EHC needs assessment / refuse to issue a plan / the content of Sections B, F and I]. I would like to use mediation to try to resolve this. Please arrange mediation and put me in contact with the mediation adviser.

[IF YOU ONLY WANT THE CERTIFICATE: I am contacting the mediation adviser as required before appealing. Please confirm and issue a mediation certificate so that I can lodge an appeal with the SEND Tribunal if needed.]

The points I want to resolve are: [POINT 1]; [POINT 2]; [POINT 3]. Please contact me at [PHONE] or [EMAIL] to arrange this. I am keeping my right to appeal to the SEND Tribunal open while this is arranged. Yours faithfully, [YOUR FULL NAME], parent of [CHILD’S NAME].