Q:
I don’t want school to attend mediation. Refusal to issue. The school see no issues, whereas my daughter is in the verge of EBSA. They have never ...
I don’t want school to attend mediation. Refusal to issue. The school see no issues, whereas my daughter is in the verge of EBSA. They have never supported any referrals, despite my persistent requests since reception. I finally paid for a dyslexia assessment in Y3 which identified moderate dyslexia but recommended SALT & ASD assessment. The ASD referral was refused at triage as school information said she was fine. So I paid for those assessments too. She was diagnosed Autistic & SALT highlighted language difficulties, following instructions 0.4 percentile, her other scores were 2 percentile or below apart from 1 which was 40 percentile which is how SALT thought her lack of understanding was being missed. I have seen via SAR school stating my child has no issues & that it is me. The mediation company have invited the school and the Headteacher & SENDCO are attending. I really don’t want them there but the Mediation company said they have to. I also asked for just one decision maker from the LA attend but I have been told the manager & case worker have to attend. I have also been diagnosed Autistic & I feel intimidated. I thought it was up to the parties in the mediation to request who is invited, not the mediator.
A: SenseCheck
- 2 Yes
- 0 No
- 0 Other
- 31 Jan 2023
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Yes
Simple
One very important point which I should have stressed relates to your statement “ I have also been diagnosed Autistic & I feel intimidated”
I am assuming you have a disability which complies with the definition given in section 6 Equality Act 2010 (not an unreasonable assumption given the diagnostic criteria) then you should ask for reasonable adjustments to be made to avoid any disadvantage you are subject to during the mediation process because of your impairments. To be clear, these MUST be made.
I appreciate this is a little late, but it is something you – and everyone in your position – should be aware of..
Sean Kennedy
Talem Law - 30 Jan 2023
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Yes
Simple
MH
I have just seen this and I appreciate that you may have moved forward.
The answer to your question on who can attend mediation is here:
https://www.legislation.gov.uk/uksi/2014/1530/regulation/38/made
albeit you can bring a rep/ lawyer.
If the LA has not started the EHC needs assessment, you should think about appealing to the SEND Tribunal – if you have not done so already.
The test they will carry out (which should have been done by the LA) is:
Consideration of request
3. A local authority must consult the child’s parent or the young person as soon as practicable after—
(a)receiving a request for an EHC needs assessment under section 36(1) of the Act, or
(b)becoming responsible for the child or young person in accordance with section 24 of the Act,
before determining whether it may be necessary for special educational provision to be made in accordance with an EHC plan for the child or young person. [my emphasis]
The Noddy Guide does a good job in explaining the above in more detail and the value of evidence - which it seems you have been diligent collating.
Sean Kennedy
Talem Law
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