SEND35 Form: How to Get Your Mediation Certificate

Why mediation information is required

The Children and Families Act 2014 and the SEN and Disability Regulations 2014 require parents to contact a mediation adviser before registering most SEND Tribunal appeals. The purpose is to give parents the opportunity to resolve the dispute without Tribunal proceedings — though you have no obligation to actually pursue mediation.

The requirement applies to appeals about: refusal to assess, refusal to issue an EHCP, the contents of an EHCP (Sections B and F), refusal to reassess, and decisions to cease maintaining an EHCP. It does not apply if you are only appealing the school named in Section I.

Declining mediation: your right to a certificate

You have the right to contact a mediation adviser and decline to pursue mediation — and still receive a certificate. You are not obliged to attend a session with the LA. If you simply want the certificate so you can appeal to the Tribunal, you can say so when you contact the adviser. Many parents do exactly this.

If you do choose to attend mediation, you may be able to resolve the dispute more quickly and without the time and stress of Tribunal proceedings — but there is no requirement to do so. The certificate will be issued whether or not you attend and regardless of the outcome.

How to get your mediation certificate

1. 1

   Download the SEND35 form

   The SEND35 form is available on GOV.UK. Search for 'appeal a SEND decision' to find the current form. Alternatively, contact your LA's SEND team or SENDIASS to confirm your local mediation provider and their preferred contact method.

2. 2

   Find your local mediation adviser

   Your LA's Local Offer website should list their approved mediation provider. You can also ask your local SENDIASS for details. Some LAs have more than one approved provider — any on the list is acceptable.

3. 3

   Complete and submit the SEND35

   Complete the form with your child's details, the LA involved, the type of decision you are disputing, and what outcome you are seeking. Send it to the mediation adviser by email or post. Keep a copy and note the date you sent it — this date is important for your extended deadline calculation.

4. 4

   Decide whether to attend mediation

   The mediation adviser will explain your options. You can choose to attend a mediation session with the LA, or decline and ask for a certificate immediately. There is no obligation to participate. If you do choose to attend, mediation typically takes place within a few weeks.

5. 5

   Obtain your mediation certificate

   Once the process is complete (whether or not you attended mediation), the adviser issues a certificate with a reference number. Note this number — you will need to enter it on the SEND35A when registering your Tribunal appeal.

Mediation certificate timeline

Common mediation certificate mistakes

• !Waiting weeks before contacting a mediation adviser — contact them immediately after the LA's decision
• !Assuming you must attend mediation — you can decline and still receive a certificate
• !Not noting the exact date you contacted the adviser — this date is key for your extended deadline
• !Sending the SEND35 to the LA or the Tribunal instead of to the mediation adviser
• !Not chasing the certificate if it has not arrived within 2 weeks of contact — be proactive

What happens if you choose to attend mediation?

If you decide to pursue mediation rather than declining immediately, the mediation adviser arranges a meeting with you and a representative from the LA. Mediation takes place in a neutral setting — often by video call. The mediator helps both parties explore whether a resolution is possible without Tribunal proceedings.

You can prepare for mediation by setting out clearly what outcome you want — for example, that the LA agrees to assess your child, or agrees to amend a specific section of the EHCP. The LA representative at mediation typically does not have authority to make binding decisions on the spot, so any agreement reached at mediation should be confirmed in writing before you withdraw any appeal.

Whether or not mediation results in an agreement, the mediator issues a certificate confirming that the mediation process has taken place. If mediation did not resolve the dispute, you can proceed to register your Tribunal appeal using the certificate reference.

Mediation has a mixed success rate in SEND disputes. Some families find it useful for less complex disagreements. For disputes about Section F provision specificity or school placement, many families find Tribunal proceedings necessary — particularly where the LA's position is firmly entrenched. There is no disadvantage to trying mediation: it does not delay your appeal rights and the certificate will be issued regardless.

After you receive your mediation certificate: what to do next

Once you have your certificate, you should:

1. 1Note the certificate date and recalculate your appeal deadline — it is now the LATER of 2 months from the LA's decision letter or 1 month from the certificate date.
2. 2Ensure your SEND35A is drafted and ready. If you have not started it, begin immediately. The grounds of appeal, evidence, and outcome statement should be finalised before submission.
3. 3Add the mediation certificate reference number to section 5 of the SEND35A. Without it the Tribunal cannot accept your appeal.
4. 4Submit the SEND35A to the SEND Tribunal by email or post before your deadline. Keep the sent email or proof of postage.
5. 5Await the Tribunal's case registration confirmation. This should arrive within a few days and will include your case reference number.

Finding your local mediation adviser

Each local authority commissions a mediation service. Your mediation adviser is provided by an organisation on the LA's approved list — not the LA itself, and not the Tribunal. You must contact the mediation adviser directly, not the LA or the Tribunal.

Where to find your local mediation service:

• •Your LA's SEND Local Offer website — usually lists the approved mediation provider and contact details
• •GOV.UK 'appeal a SEND decision' page — includes guidance on mediation
• •Your local SENDIASS — can point you to the right provider for your area
• •IPSEA — can advise on mediation requirements for your appeal type

When you contact the adviser, be clear about what type of decision you are disputing and ask about the timescale for issuing the certificate. If you want to decline mediation and receive the certificate quickly, say so — most advisers are experienced in processing certificates efficiently for parents who choose not to attend mediation.