Question to the Department for Education:

To ask the Secretary of State for Education, with reference to the SEND and alternative provision improvement plan published in March 2023, what steps she is taking to ensure families have confidence in the mediation process set out in that plan.

The reforms set out in the special educational needs and disabilities (SEND) and alternative provision Improvement Plan are geared towards making families’ overall experience of the SEND system more positive through more collaborative, consistent and transparent decision-making, thereby increasing parental confidence and leading to a less adversarial system.

The department wants to rebalance the SEND system through earlier identification of need and through support provided, where possible, in mainstream settings. The department is currently testing a range of measures through the Change Programme. The department believes the Change Programme will make the biggest improvements to the quality of Education, Health and Care (EHC) plans, and the experience of getting them. These measures include multi-agency panels to improve the quality of decision making and parental confidence in the EHC needs assessment process, a single national EHC plan template and guidance, advisory tailored lists and measures to resolve disagreements more quickly through the use of strengthened mediation procedures.

Strengthening mediation is key part of the departments proposals. This is because where effective mediation takes place, disputes can be resolved earlier, without the need to appeal to the Tribunal. The department is working closely with the Council for disabled children to develop bespoke mediation guidance for families so that they understand the process, their rights and the benefits of mediation.

Recognising the importance of families receiving high-quality mediation, the department is working with the Civil Mediation Council and the College of Mediators to review and build on their existing professional standards for SEND mediators, first published in 2018, which apply to their joint register of accredited mediators. The department has engaged parents/carers, children and young people in the drafting and testing of the guidance and standards.

The department are also developing and testing a good practice delivery model for SEND mediation to help improve the quality and consistency of mediation provision, as well as gathering more data on the impact and outcomes of mediation.

All of these things taken together should help improve family confidence in the overall SEND system, as well as in the mediation process.