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• 24 Sep 2024

• Other

  Simple

  Too fact specific, I can't generalise.:

  Mr Michael,

  I understand that this situation may be frustrating.

  Before appealing to the First-tier Tribunal (FtT), a parent or young person must consider mediation as an alternative means of resolving the dispute. This process involves a meeting with a neutral mediator who assists both parties in discussing and potentially reaching an agreement without the need for an appeal.

  One key aspect of your situation is that an Education, Health, and Care (EHC) needs assessment is either commenced or not—there is no acceptable intermediate position.

  Your assumption is reasonable: that the parties, although holding different positions, would be motivated to achieve a resolution. However, considering anecdotal evidence, it appears that some (and I stress, some, not all) Local Authorities (LAs) may not be fully engaged in the process. Additionally, the mediator has no authority to compel either party to act in a certain way.

  Given this context, you might consider the following – all of which are interlinked:

  1. Ask the mediator if they can insist that the LA involve someone in the process who has the relevant decision-making powers, thereby avoiding the need to return to the “SEND Panel”—whoever that may be.
  2. Request that the mediator seeks clarification on how long the reconsideration process will take, and try to establish a deadline.
  3. If you have not done so already, familiarise yourself with the test applied when making an application for an EHC needs assessment, and apply it to your circumstances. More details can be found here:

  05.01 Are there any particular rules about when an LA has to undertake statutory assessment of a child or young person’s SEN?

  This knowledge can only benefit you during the mediation process—especially if you ask for another meeting, which, as far as I am concerned, seems perfectly reasonable in the circumstances.

  Having said all of that, whilst the possibility of additional meetings can be advantageous, perhaps they should only be considered if there is an acceptable probability that the outcome you want will be achieved. If it becomes obvious that the LA is entrenched in its position, perhaps one has to consider the possibility of drawing proceedings to a close and presenting an appeal to the FtT.

  I trust this is helpful and look forward to reading any additional contributions from others.

  Sean Kennedy

   

  

  Sean Kennedy
  Talem Law

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