is it true I cannot proceed with an Appeal without a mediation certificate.?
I logged an appeal for a refusal to assess twice for an EHCP. i appealed with all the documentation apart from the mediation cert, although i had requested one within the allowed time frame, it had not arrived. Now Ive been asked do i want a mediation meeting? I have agreed , but now it appears i cant do both have an mediation meeting and Appeal to a trbunal. So what do i do ?
A: SenseCheck
- 1 Yes
- 0 No
- 0 Other
- 10 Jun 2025
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Yes
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Simple
Ms Macleod,
Yes in this case.
You must either consider mediation (and decide not to participate) or pursue mediation towards achieving your preferred outcome. With both options, you will be provided with a mediation certificate at the end of the process which will enable you to appeal to the First-tier Tribunal (FtT).
During the appeal process, nothing prevents you from engaging in (without prejudice) negotiations with the Local Authority if they consent – this could occur with or without a mediator. The distinction here is that with the statutory pre-appeal mediation, the Local Authority is really obligated to participate. Once the appeal is registered, they are not compelled to do so, but it can certainly be strongly contended that it would constitute good practice for the parties to collaborate with a view to achieving a resolution without the necessity for a hearing.
How you proceed is entirely a matter for you, but nothing prevents you from deciding not to pursue mediation and requesting a certificate – if this is what you wished to do.
I would be interested to read other contributions.
Best wishes,
Sean Kennedy
10 Jun 2025
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