Collis Mediation Ltd
Collis Mediation Ltd

Special Educational Needs and Disabilities (SEND) and Educational, Health and Care (EHC) Assessment of Needs and Plans

The 'Vision' for all children and young people with SEND-

 

The vision for all children and young people with special educational needs and disabilities is the same as for all children and young people- "That they achieve well in their early years, at school and in college; and lead happy, independent and fulfilled lives".

Non-judgemental and approachable. Great service

DK (Headteacher)

What is the process of asking for EHC Assessment of Needs and Plans?


Parents, young people, schools and carers can ask the local authority (LA) to carry out an assessment of need for students with special educational needs and disabilities (SEND) if they believe provision may be required in accordance with an Education Health and Care Plan (EHCP), which is a statutory plan.

 

In essence, an LA must conduct an Education, Health and Care Assessment of Needs’ of a student where it is of the opinion that the student has or may have special educational needs and may require provision in accordance with an EHCP.

 

The LA may decide an EHC Assessment of Needs is not required and the needs of the student are, or can be, met within schools/ colleges own resources through a non-statutory plan managed by the school, such as a 'My Plan' or 'Additional Needs Plan'.


If the local authority decides an EHC Assessment of Needs is required it will then carry out such an assessment by liaising with professionals in education, Health and Social Care which may involve Multi Agency Meetings, individual assessments, information updates and this process will include the parents.

 

After the assessment is complete, the LA will consider all the available evidence, as well as the views and aspirations of children, young people and parents. Having received this full assessment information, the LA must then decide whether to issue a statutory EHCP or recommend a non-statutory local level support plan.

 

The LA must notify the parent, young person, carer and/ or school of the decision regarding issuing an EHCP or not.

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An EHCP sets out what the needs of the student are, what the outcomes should be and what provision must be put in place to support the needs and achieve the outcomes. This must be written in draft form first, for consultation with parents or young person, and the professional advice will be detailed within the draft EHCP to show how the plan was developed (referred to as the ‘Appendices’ to the plan- section K).

 

The LA will also consult with parental/ young person placement preference and any other placements they feel appropriate. They send the draft EHCP to schools to consult over an appropriate place.

 

The draft EHCP is made 'final' once all the sections have been agreed as suitable or when agreement cannot be reached the LA may finalise the draft EHCP to give parents/ young person their rights of appeal.

 

When can I Appeal a decision?

 

You can appeal a decision your LA makes if:-

  • You have been refused an EHC Needs Assessment
  • You have been refused an EHC Plan after an EHC Needs Assessment
  • You disagree with the how the young person's needs are described in the EHC Plan
  • You disagree with the support in the EHC Plan
  • You disagree with the name or type of school, college or learning centre named in the EHC Plan
  • You disagree with any amendments to an existing EHC Plan
  • The EHC Plan is not amended after a review
  • If the EHC Plan is ceased

 

Who are Collis Mediation Ltd?

 

Collis Mediation Ltd are one of the country's leading independent, impartial and confidential (SEND) mediation specialist, contracted by the government, to work with local authorities, parents, carer's and young people to help resolve disagreements about the education of children and young people with special educational needs and disabilities.

 

Collis Mediation Ltd are one of the few mediation providers who are approved and listed on the Civil Mediation Council SEND Mediator register.

 

How do I appeal an LA decision?

 

The LA must issue a 'Letter of Notification' giving the decision they have made and giving parents reasons why they are:

  • refusing to conduct an EHC Assessment of Needs
  • refusing to issue an EHCP
  • refusing to maintain an EHCP or;
  • refusing to amend the content of the EHCP or;
  • amending an EHCP without the agreement of parents/ young people.

They must also notify the parents/ young people of their right to appeal. They must do this is writing and provide them with the options they have if they wish to start the appeal process. An appeal must be started within two months of the date on this letter of notification.

 

The Children and Families Act 2014 (s51-57) has brought in significant reforms, particularly regarding special educational needs and disabilities (SEND), regarding Mediation and Disagreement Resolution services, which must have been in place by 1st September 2014, as an alternative to the SEND First-tier Tribunal. 

 

As part of the appeal process, there is the voluntary option for parents/ young people to first enter into mediation.

 

What is Mediation?

 

The LA and parents always want to make sure the right support and help is being offered to young people with SEND, but people do not always agree. Mediation is a voluntary process, which allows the parties to come together and discuss concerns about EHC decisions. Indeed the LA want to listen and hear your concerns if you think they have got their decision wrong.

 

Mediation is a voluntary, informal, non-confrontational and non-judgemental meeting that gives you the opportunity to talk about EHC decisions if you do not agree with them

 

Collis Mediation facilitate and chair the meeting and ensures everyone has the same opportunity to speak, listen and be heard. We do not take part in the decision making; however we will ask questions and explore different points of view to ensure everyone is considering what is in the best interest of the child or young person with SEND.

 

Mediation is a process which is consultation, not confrontation.

 

What happens at Mediation?

 

The Mediation is a meeting where concerns and options are discussed around a table. The meeting is confidential and without prejudice, meaning it is confidential to the participants of the mediation and a Tribunal would not take into account anything discussed at Mediation. It is an opportunity to resolve the matter outside of more formal routes.

 

You can bring someone to support you, such as a teacher, SENDIASS, educational psychologist, SENDCo or a family member or friend. You can bring reports and crucial information from people who have opinions about the support the child/ young person may need. Bringing new and additional evidence is always useful.

 

The Mediation allows everyone to discuss and consider the most appropriate way of providing access to education with the right support and the same opportunities for the young person with SEND, as everyone else. 

 

Why should I consider Mediation?


Mediation is a proven fast and effective route to resolving differences when initial discussions with the LA SEND Dept. have failed to resolve the matter.

 

The law says you must now consider Mediation before you lodge an appeal with (SEND) First-tier Tribunal unless the dispute is only about the name or type of school, college named in the EHCP. Mediation is a free voluntary service for the parent, carer or young person to use.

 

Mediation only takes about 4 weeks to arrange as opposed to (SEND) First-tier Tribunals which take approx. 12 weeks. The focus at Mediation is about getting the right support as soon as possible, to minimise any disruption to the young person's education.

 

Speaking face to face allows the LA to get behind the file of paperwork and really understand the young person with SEND, and their needs. Mediation allows you to be part of the decision making when considering the options to move forward.

 

Actions are agreed on the day of Mediation, not weeks after and if you cannot agree a way forward at the Mediation, you can still appeal to (SEND) First-tier Tribunal up to one month after the Mediation ends, or two months after the original decision, whichever is the later.

 

Can I appeal to SEND First-tier Tribunal and also meet with the Local Authority to try to resolve the dispute?

 

Often, parents, carer's and young people are concerned about any delay going to mediation may cause in their appeal. However, you can start your appeal to (SEND) First-tier Tribunal and also meet the LA to discuss your concerns and try to resolve the disagreement whilst waiting for your appeal to be heard. This process is called Disagreement Resolution and the SEND Code of Practice issues guidance regarding this under section 11.8 and 11.13: -

 

11.8- "Disagreement resolution services can also be used to resolve disagreements over special educational provision throughout assessments, the drawing up of EHC plans, while waiting for Tribunal appeals and at review or during re-assessments."

 

11.13- "Disagreement resolution services can be used at any time, if both parties agree, including while an EHC needs assessment is being conducted, while the plan is being drawn up, after the plan is finalised or while an appeal is going through the Tribunal process."

 

What is Disagreement Resolution?


The LA must make available a Disagreement Resolution service for parents, carers and young people who have concerns about support; and how it is being provided. this process is voluntary for both parties to enter into.

 

Mediation is different to Disagreement Resolution because Mediation is used at each stage a final decision has been made, whereas the Disagreement Resolution service can be used at any time, including whilst the EHC process is taking place or waiting for an appeal hearing date. It is an early intervention opportunity to raise concern about support, whether or not there is an EHC Plan and it is used to 'Clarify, Narrow Down and Resolve' areas of disagreement.

 

When can I use the Disagreement Resolution service?

 

You can access the Disagreement Resolution service:-

  • If you are concerned with how education, health and care duties are being carried out by a school or LA, whether or not there is an EHCP (this can sometimes be about relationships and communication between schools and families)
  • If you are concerned about what special educational support has been provided for the child or young person, whether or not there is an EHCP (there must be appropriate and documented support in place for all SEND children and young people)
  • If you are concerned about how the EHC Assessment of Needs 'process' or 'drafting' of the plan is been conducted before a decision has been made (this process must include and involve you and your 'voice')
  • If you are concerned with how a review or re-assessment of an EHCP is being carried out
  • If you have started the (SEND) First-tier Tribunal appeal process over an EHC decision

 

How do I know Collis Mediation are suitably qualified?

 

Collis Mediation Ltd is one of the country's leading SEND mediation providers. We are a ‘Individual Members, Mediation Provider Members and Accredited SEND Mediators' with the Civil Mediation Council, ‘Approved Mediation Provider’ to the Ministry of Justice, a Professional Member of the Society of Mediators, Panel Member of The National Mediator Database, Trustee and Professional Member of the charity Society of Mediators and we adhere to the European Code of Conduct for Mediators. 


Our SEND mediation service is delivered in accordance with the requirements of the Equality Act 2010, Special Educational Needs and Disability Regulations 2014, Children and Families Act 2014 and in line with the guidance set out in the SEND Code of Practice 2015.  This means that you can be assured that our service exceeds nationally recognised standards.

 

We work with local authorities all over the UK impartially and independently chairing 250+ mediations and disagreement resolution meetings every year, to assist participants in resolving disagreements regarding the Education, Health and Care of children and young people with Special Educational Needs and Disabilities.

 

Data Protection and Processing

 

To provide this service, we will need to collect and process your personal data. Please see our Data Protection and Processing procedures here.

Please find below some downloads you may find useful:

 

A Guide to SEND Mediation and Disagreement Resolution
Confidential, Impartial and Independent guidance for parents, carer's and young people with SEN, about Mediation and Resolving Disagreements
Collis Mediation SEN Leaflet 300616.pdf
Adobe Acrobat document [2.1 MB]
A Guide to SEND Mediation and Disagreement Resolution for the Visually Impaired
Confidential, impartial and Independent guidance for parents, carer's and young people with SEN about Mediation adn Resolving Disagreements
Collis Mediation SEN Leaflet Visually Im[...]
Adobe Acrobat document [1.1 MB]
A Guide for Young People (16-25) of How to Resolve SEND Disagreements
A guide specifically focused on resolving disagreements for young people aged between 16 and 25 years old.
A Guide for Young People aged 16 to 25 o[...]
Adobe Acrobat document [1.9 MB]
EHC Assessment, Planning and Appeals Flowchart
EHC Assessment Planning And Appeals 1207[...]
JPG image [437.1 KB]
Special Educational Needs and Disabilities Code of Practice 2015
This document contains relevant law as well as guidance on how and when a child or young person will need additional support.
SEN Code of Practice 2015.pdf
Adobe Acrobat document [3.2 MB]

Contact

Collis Mediation Ltd

6 Marchcote Lane
Bingley

West Yorkshire
BD16 1TA


Tel:

07715 958 290 Text or Call


E-mail: info@collismediationltd.com

 

Please also use our Contact Us page

 

www.collismediationltd.com 

Data Protection and Data Processing:

 

Please review how we collect, store, protect and process your data by clicking here

Please read our section 'About our Payment Process'  before making a Paypal payment. You will find it by clicking here and going to the bottom of the page.

News Blog

Collis Mediation Ltd launch their Special Educational Needs and Disabilities (SEND) Support Platform and SEND Consultancy Services for schools, academies and local authorities

 

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Approved Mediation Provider for the Ministry of Justice
Accredited Mediation Provider by the Civil Mediation Council
Accredited Mediation Provider through 218 Strand (Formerly LSM)
Professional Member and Trustee of the charity Society of Mediators
Fellow Member of the Chartered Management Institute
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