Global Mediation Ltd SEND Disagreement Resolution and Mediation Services
The Children and Families Act 2014 was enacted on 1st September 2014. This legislation underpins all SEN processes and is accompanied by the Special Educational Needs and Disability Regulations 2014 and the new Special Educational Needs and Disability Code of Practice 2015.
DRS and Mediation services support families who live in Lincolnshire.
What we offer
Disagreement resolution and mediation are positive ways of solving problems. The process aims to improve communication and help with negotiation.
If it has not been possible to reach an agreement with Lincolnshire Local Authority over the assessment process or the provision of or content of an EHC Plan, you have the right to appeal to SENDIST. SENDIST is an independent first-tier tribunal who hear and decide parents or young peoples’ appeals against the decisions of the Local Authority in relation to special educational needs.
In order to register an appeal you must first contact an independent Mediation Adviser and obtain a certificate to prove that you have done so. The Mediation Adviser will provide you with factual information about mediation. You do not have to have mediation advice if your appeal is only about placement, the health and social care elements of an EHC Plan or if it is a disability discrimination claim.
Global Mediation’s Mediation Adviser can be contacted on 0800 064 4488. This service is free of charge and your conversation is confidential.
Once you have received mediation advice it is up to you to decide whether you want to go to mediation before any appeal you might make to the Tribunal.
If you do not want to try mediation, the Mediation Adviser will issue you with a certificate so that you can register your appeal.
If you do want to try mediation, our SEND Case Manager will make all the arrangements for you.
Your right to appeal is not affected if you do not have mediation first and no inference will be drawn by the Tribunal if you have not used the mediation services.
Mediation and disagreement resolution arrangements
Mediation aims to help resolve disagreements for children and young people that are being assessed for or have an EHC Plan, whilst disagreement resolution arrangements are available for parents of and all children and young people with SEND, not just those who are being assessed for, or have, an EHC Plan, where it has not been possible to resolve those issues though the normal routes such as a school or college complaints process.
Mediation and disagreement resolution meetings aim to resolve your disagreements in a quick, informal way using a neutral third party, a mediator, to help you reach a resolution that is mutually satisfactory.
Contact Global Mediation’s SEND Case Manager on 0800 064 4488. This service is free of charge and your conversation is confidential.
You may find the following websites useful:
Who to contact
Where to go
- Global Mediation Ltd
42, Lytton Road
Out of County
- EN5 5BY
Time / Date Details
- Opening Times
Opening Times Day Opening Time Closing Time Monday 09:00 17:00 Tuesday 09:00 17:00 Wednesday 09:00 17:00 Thursday 09:00 17:00 Friday 09:00 17:00
- Referral required
- Not Required
- Referral Details
Professional or parent/carer, or young person
- Other notes
FAQ’s regarding Mediation and DRS
1. Are disagreement resolution and mediation the same thing?
Mediation applies to disagreements resulting from decisions made by local authorities including:
- A decision not to carry out an EHC needs assessment
- A decision not to draw up an EHC plan following a needs assessment
- A disagreement after receipt of a final EHC plan or an amended plan
- A decision not to amend an EHC plan
- A decision to cease to maintain an EHC plan.
Mediation is voluntary for parents, carers and young people, but if they decide to mediate following receipt of independent advice, local authorities must attend.
2. Who takes part?
Participants will vary according to the needs of the child and the issues that need to be discussed. It is important that ‘key’ people are present to ensure the meeting can be as productive as possible for meaningful agreements to be reached. Exactly who these people are will depend on each individual case.
Everyone that attends should be in a position to be able to make decisions at the meeting on behalf of their service so that any actions agreed can be carried out without further approval needing to be sought.
Usually, there is at least one parent or carer and at least one representative from the local authority. Other parties could include staff from one or more schools, for example a Headteacher, Deputy or SENCO; or staff from other agencies, for example CAMHS or voluntary organisations.
Parents and carers can invite someone to support them which could be a family member or an Information, Advice and Support Officer at LIAISE.
The views of the child or young person are extremely important. We will always include their views.
Legal representation is not necessary.
Disagreement Resolution arrangements cover all children and young people with SEN, not just those who are being assessed for or who have an EHC plans and is completely voluntary for all parties.
3. What is the process?
Mediation Advice - during the initial phone call we provide factual and unbiased information about mediation to help you decide if mediation could be productive to your situation. We will do our best to answer any questions asked about the process. We will take some brief details so we understand the needs of the child or young person and the disagreement that needs to be resolved.
If the decision is taken not to mediate, a certificate can be provided which will enable an appeal to be submitted to the First Tier Tribunal.
Mediation - If a mediation meeting is requested, a focus for the meeting, who should attend and possible dates for the meeting will be discussedm as well as any individual requirements for the meeting venue. The Local Authority will then be contacted, and once confirmed with all parties, details of the meeting will be provided.
Disagreement Resolution - during the initial phone call we provide you with factual and unbiased information about DRS to help you decide if this could be productive to your situation.
Should you wish to go ahead we will take some brief details so we understand the needs of the child or young person and the disagreement you are seeking resolution for to set the focus for the meeting. We can also discuss who best to attend the meeting.
Due to the voluntary nature of DRS, we contact the relevant parties and to discuss the proposed DRS meeting and ask if they would be willing to participate. If everyone agrees, a date and time for a meeting will be identified. We will also identify a neutral venue that is as central as possible for all parties.
If an agreement to proceed is not reached, parties are informed and we will no longer be involved.
4. How long does it take?
Following our initial discussions, our preparatory work is usually carried out over the telephone. We will make contact with all attendees individually and make relevant arrangements for the meeting.
We generally allow 2 hours for a disagreement resolution or mediation meeting; we find this length of time allows people to stay focused on the agredd issues, and improves the likelihood for attendees to be able to attend around other commitments.
5. What will the outcome be?
Disagreement Resolution and Mediation work best when all parties involved have a real willingness to negotiate and where there is scope for meaningful resolution.
The parties themselves are in control of the outcome, not Global Mediation. The outcome of each meeting will vary depending on the circumstances, the discussion and what agreements could be reached.
During the meeting, the mediator will produce a document which briefly summarises key discussions whihc take place, and will list any agreed actions from the meeting. Each party will be asked to sign the document to confimr it is an accurate record, and will be send a copy shortly after the meeting for their records.
- Specific age range
Disagreement resolution and mediation are positive ways of resolving disagreements.
They follow a similar informal process that brings parties with a disagreement together to discuss, and hopefully resolve their issues.
We organise independent meetings for parents and carers of children with Special Educational Needs (SEN), their local authority and their school when there is a disagreement about how best to meet their child’s need.
All mediators have passed a nationally recognised accredited mediation qualification and have wide SEND experience.
Support staff all have SEND experience and knowledge.
- Training details
All Global Mediation staff undergo an enhanced DBS check and an induction program which is assessed against national standards. This mandatory programme of training is refreshed on an annual basis and includes training on Safeguarding/POVA, Data Protection, Whistle blowing, Equality and Diversity. This is followed by an extensive programme of continuing professional development available to all staff across the organisation. Mediators are qualified with the nationally accredited certificate of mediation as a minimum.
This service is listed for your information. Its inclusion on the Family Services Directory does not imply endorsement, approval or recommendation by Lincolnshire County Council. For more information, go to Terms & Conditions