Special Educational Needs: Appeals

(asked on 23rd May 2022) - View Source

Question to the Department for Education:

To ask the Secretary of State for Education, with reference to the SEND review, what assessment he has made of the potential impact of proposals for mandatory mediation on parent’s access to the SEND tribunal process.


Answered by
Will Quince Portrait
Will Quince
This question was answered on 26th May 2022

As the Special Educational Needs and Disabilities (SEND) and Alternative Provision (AP) Green Paper set out, the new national system will be designed to minimise uncertainty and disagreements throughout the system and improve parental confidence. The department recognises, however, that disputes around decision-making may still occur.

This government’s proposals seek to resolve issues earlier and improve relationships locally by strengthening mediation, including consulting on making it mandatory. Appeals to the tribunal should only need to be made in cases where parents feel that their child’s needs or proposed provision arrangements are not in line with the new national special educational needs and disabilities standards, and mediation has not resolved the dispute. Mediation helps to maintain and improve relationships between providers, local authorities and families which is important for long-term collaborative working and supports better outcomes for children and young people.

This will reduce the need for cases to escalate to tribunal. The department will make sure there is appropriate support available to parents to help them understand the mediation process and how best to engage with it. However, parents will still be able to go to tribunal if necessary.

The SEND and AP Green Paper is now out for public consultation on its proposals until 22 July.

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