EHCP mediation — process, timing and certificate guide | EHCP Clarity
SEND Mediation Guide

EHCP mediation — what it is, when you need it, how it works

Mediation is a structured conversation with the local authority and an independent mediator that can resolve EHCP disputes without going to the SEND Tribunal. Even if you do not want to mediate, you must usually contact a mediation adviser to get a certificate before you can register an appeal.

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Quick answer

Mediation is voluntary, but contacting a mediation adviser is required for most appeals (section 55 CFA 2014). The adviser must respond within 2 working days, mediate within 30 days if you choose to, or issue your certificate within 3 working days if you decline. The certificate extends your appeal deadline to the later of 2 months from the LA decision or 1 month from the certificate date.

When you need a mediation certificate

  • Refusal to carry out an EHC needs assessment (section 36 CFA 2014)
  • Refusal to issue an EHCP after assessment (section 37)
  • Disagreement with the description of needs in Section B
  • Disagreement with provision in Section F
  • Refusal to reassess an existing EHCP
  • Decision to cease to maintain an EHCP (section 45)
  • Amendments following an annual review

You do not need a certificate for a Section I (placement) only appeal — including where the LA has not named a placement at all.

How mediation timing works

Section 55 of the Children and Families Act 2014 and regulations 35–39 of the SEND Regulations 2014 set the timeframes:

  1. Day 0LA issues its decision. Your 2-month appeal deadline starts.
  2. Day 0–60You contact a mediation adviser. The earlier the better.
  3. Within 2 working daysAdviser must contact you to discuss mediation.
  4. Within 3 working daysIf you decline mediation, certificate must be issued.
  5. Within 30 daysIf you accept mediation, the meeting must take place.
  6. After mediationIf unresolved, the adviser issues a certificate. You then have 1 month from the certificate (or 2 months from the LA decision, whichever is later) to appeal.

How to use mediation effectively

  1. 1

    Identify the right mediation provider

    The LA must commission an independent mediation service. The decision letter usually names the provider; if not, ask the LA in writing for the contact details. Common national providers include Global Mediation, KIDS, and Together Trust.

  2. 2

    Contact the mediation adviser

    Tell them you have received a decision you disagree with and ask for a mediation information call. Confirm the date you ask in writing — your appeal deadline runs from the LA's decision letter, not from your call to the adviser.

  3. 3

    Have the information call

    The adviser will explain mediation, who attends, what is confidential, and what you can realistically gain. Ask anything you are unsure about — there is no pressure to mediate.

  4. 4

    Decide whether to mediate

    If yes, the adviser arranges the meeting within 30 days. If no, the adviser issues your mediation certificate within 3 working days. Either way, you can still appeal to the SEND Tribunal afterwards.

  5. 5

    Prepare for the mediation meeting

    Decide your priorities and the minimum acceptable outcome. Bring key reports, the EHCP, and a written list of points. Many families also bring an advocate or IPSEA-trained supporter.

  6. 6

    Get any agreement in writing

    If you reach agreement, ensure it is signed on the day or sent within hours, with clear timescales. The LA must give effect to it. If mediation does not resolve it, request your certificate and proceed to Tribunal.

When mediation helps — and when it does not

Often helpful

  • • Narrow disputes about specific Section F provision
  • • Where you and the LA broadly agree on need but not on hours or specialism
  • • Where the LA's decision-maker has not personally read the case
  • • When you want a faster outcome than Tribunal
  • • When you want to preserve the working relationship with school/LA

Often less effective

  • • Refusal to assess — LA position usually rigid
  • • LA has been unresponsive or repeatedly missed deadlines
  • • Major Section I (placement) disputes requiring evidence weighing
  • • Where you need binding wording the LA has refused for years
  • • Where the LA refuses to send a decision-maker with authority

Many families register the Tribunal appeal and agree to mediation — they run in parallel, and mediation can sometimes resolve everything before the hearing.

Documents and evidence to gather

  • The LA decision letter you are challenging (with date)
  • The current or draft EHCP
  • Key professional reports (EP, SALT, OT, CAMHS, paediatric)
  • A written list of issues, ranked by priority
  • Your minimum acceptable outcome on each issue
  • Notes of any previous calls or emails with the LA caseworker
  • Mediation provider contact details (from the LA decision letter)

Before the mediation meeting

  • You have confirmed who is attending from the LA — and that they have authority to agree changes
  • You have shared key documents in advance
  • You know your top 3 priorities and your bottom line
  • You have a supporter, advocate, or IPSEA-trained companion lined up
  • You have your appeal deadline calculated and noted
  • You have prepared draft wording for any agreement you would accept

Common problems with mediation

  • LA sends an officer with no authority to agree changes — ask in advance if the attendee can sign off provision
  • Adviser delays issuing the certificate — chase in writing; the 3-working-day rule applies
  • Verbal agreement at the meeting later 'forgotten' — insist on a written record signed before you leave
  • Parent feels rushed into accepting an inadequate offer — you can always say no and proceed to Tribunal
  • Treating mediation as a substitute for evidence — go in prepared, with reports and clear asks

What your pack includes

  • Mediation preparation framework — priorities, bottom lines, opening position
  • Issue-by-issue analysis of the LA's decision letter
  • Draft 'asks' wording you can table at the meeting
  • Parallel SEND Tribunal appeal pack so you do not lose time
  • Mediation certificate tracker linked to your appeal deadline

Frequently asked questions

What is EHCP mediation?
Mediation is a voluntary, confidential meeting between you and the local authority, with an independent mediator, to try to resolve disagreements about an EHCP without going to the SEND Tribunal. It is governed by sections 52 to 56 of the Children and Families Act 2014 and Part 4 of the Special Educational Needs and Disability Regulations 2014.
Is mediation compulsory before appealing?
No, but contacting a mediation adviser is. Under section 55 CFA 2014 you must obtain a mediation certificate from an adviser before you can register most SEND Tribunal appeals. The adviser explains mediation; you then decide whether to mediate. If you decide not to, the adviser still issues the certificate so you can appeal.
When do I not need a mediation certificate?
You do not need a certificate for an appeal that only concerns the placement named in Section I (or the type of placement, or where it is not named at all). For all other appeal grounds — refusal to assess, refusal to issue, content of B/F, refusal to reassess, cease to maintain — you must contact a mediation adviser first.
How long does the mediation process take?
The adviser must contact you within 2 working days of you asking. If you choose to mediate, the mediation must take place within 30 days. If you decline mediation, the certificate must be issued within 3 working days. The certificate then extends your appeal deadline (see below).
Does mediation extend my appeal deadline?
Yes. Without mediation, you have 2 months from the LA's decision letter to appeal. With a certificate, you have until the later of (a) 2 months from the decision or (b) 1 month from the date on the mediation certificate. Always check both dates and use the later one.
Who pays for mediation?
The local authority pays for the mediator. You can bring a supporter, friend, or representative free of charge. Some parents instruct a SEND solicitor or advocate, which they would pay for themselves; this is not required.
Is anything agreed at mediation legally binding?
Yes. If the mediation reaches a written agreement, the LA must give effect to it within the time agreed. Get any agreement in writing on the day. If the LA fails to honour it you can complain to the LGSCO or, in some cases, apply for judicial review.
Should I do mediation or go straight to Tribunal?
It depends. Mediation can be quicker and less stressful, especially for narrow disagreements (e.g. a specific paragraph in Section F). For systemic issues, refusal to assess, or where the LA has been unresponsive, many families register the Tribunal appeal first and treat mediation as parallel. You can do both.

Related guides

Sources and further reading

This is general information, not legal advice. EHCP Clarity helps parents organise and prepare their own materials. It does not provide legal advice, legal representation, or tribunal advocacy, and nothing on this page should be relied on as a substitute for advice about your specific situation. For free independent expert support, contact IPSEA, SOS!SEN, or your local SENDIASS. For legal representation, instruct a SEND solicitor.