Definition
SEND mediation is an independent meeting between the local authority and family, with a trained mediator, to try to resolve an EHCP dispute without going to tribunal. Parents must consider mediation, by contacting the mediation provider for a certificate, before appealing on most grounds (Children and Families Act 2014, s.55).
In context for parents
Key checkpoints
- An optional independent meeting between the LA and family to resolve an EHCP dispute without going to tribunal.
- Parents must contact the mediation provider for a certificate within two months of the decision to be appealed (Children and Families Act 2014, s.55).
- Mediation is mandatory to consider, not to attend. A phone call about whether to proceed is enough to obtain the certificate.
- Not required for Section I-only appeals (school placement only).
- Around 11,000 mediation cases were registered in England in 2024 (DfE data); around half resolve without tribunal.
Mediation is voluntary for parents but mandatory to consider: you must contact the LA's appointed mediation service within two months of the decision you want to appeal and either take part in mediation or obtain a "Mediation Certificate" confirming you have considered it. Only with that certificate (or evidence you considered mediation and decided not to proceed) can the tribunal accept the appeal (s.55, s.56). Mediation is not required where the only matter being appealed is the school named in Section I.
The mediator is independent of the LA. The session is confidential, without prejudice (nothing said can be used against you at tribunal), and free to the family. The LA must send a representative with authority to settle. The mediator does not decide, they facilitate. A successful mediation produces a written agreement; an unsuccessful one produces a certificate that opens the tribunal door.
In practice, mediation works best for narrow disputes (wording in Section F, specific therapy hours, named placement when both parties are reasonable) and works less well for fundamental disputes (refusal to assess, refusal to issue, fundamental school placement disagreements). Parents do not have to take part in mediation to get the certificate; a phone conversation with the mediator about whether mediation is the right route is enough.
In 2024, around 11,000 mediation cases were registered in England (DfE data), with around half resolving without tribunal. Where the LA's draft offer changes substantially between the decision letter and the mediation meeting, mediation is often worth the time.
Related terms
The terms parents most often see alongside SEND Mediation.
SEND Tribunal
An independent tribunal that hears appeals against local authority decisions on EHC needs assessments, EHCP contents, school placement, and disability discrimination by schools.
Local Authority(LA)
The council responsible for arranging and funding the special educational provision in a child's EHCP. The LA is the legal duty-holder, not the school.
Education, Health and Care Plan(EHCP)
A legally binding document, issued by a local authority in England, that describes a child or young person's special educational needs and the provision the LA must arrange to meet them.
Where parents ask about this
Parents usually find this page within the two-month appeal window, often confused by whether mediation is mandatory or optional and worried about delaying the tribunal clock. Searches include "is SEND mediation mandatory", "SEND mediation certificate", and "what to say at SEND mediation". A Beaakon SEND advocate can take the mediation call for you or attend with you, secure the certificate within the time limits, and help you decide which battles are worth fighting at mediation and which to reserve for tribunal.
References
The primary legislation, statutory guidance, research, and clinical tools this page draws on.