EHCP Mediation Process Explained

If your local authority has refused to assess your child, refused to issue an Education, Health and Care Plan, or refused to amend an existing plan, you have probably been told you need to consider mediation. For most parents this is the first time they have ever heard the word, and the official information about it is often thin and confusing. This guide explains exactly what SEND mediation is, how it works in England in 2026, what to bring, what to expect, and when to skip it and go straight to the SEND Tribunal.

This is not legal advice. It is a plain-English explanation of a legal process so that you can decide what to do next. If you want legal advice for your specific case, contact IPSEA, SOS!SEN, or a SEND solicitor.

What is EHCP mediation?

Mediation is a structured conversation between you and your local authority, led by an independent mediator, designed to try to resolve a dispute about your child's special educational needs without going to tribunal. It was made a formal step in the SEND system by the Children and Families Act 2014, and the detail is set out in the SEND Code of Practice and the Special Educational Needs and Disability Regulations 2014.

It is voluntary in the sense that the local authority cannot force you to attend a mediation meeting. But it is a required step in another sense: before you can lodge an appeal at the First-tier Tribunal (Special Educational Needs and Disability), you must first contact a mediation adviser and obtain a certificate. More on certificates below.

Who runs SEND mediation in the UK?

Mediation in England is delivered by independent providers commissioned by each local authority. Common providers include Global Mediation, KIDS, Cedr, and Together Trust, although the named provider varies by council. The mediator is independent of the council and is trained in SEND law and dispute resolution.

Mediation is free for parents. The local authority pays the mediator's fees regardless of the outcome. This is a deliberate part of the system so cost is never a barrier to challenging a decision.

When can you use mediation?

You can ask for mediation if your local authority has:

• Refused to carry out an Education, Health and Care needs assessment
• Refused to issue an EHCP after an assessment
• Issued a plan with content you disagree with (Sections B, F or I in particular)
• Refused to amend a plan after an annual review
• Decided to cease (end) your child's EHCP

The two-month tribunal appeal clock starts ticking from the date on the decision letter. Mediation does not pause that clock by itself - the certificate of mediation does. So acting early matters.

The mediation step before tribunal: how the certificate works

To register a SEND Tribunal appeal you must, in most cases, first contact a mediation adviser within two months of the decision letter. The adviser then has 30 days to issue you a certificate. There are three routes to that certificate:

• You decide not to mediate. You ring the adviser, say you want to go straight to tribunal, and they issue the certificate. You then have one month from the certificate date to lodge the appeal.
• You attend mediation and it does not resolve the issue. The mediator issues the certificate after the meeting and you have one month from that date to appeal.
• You attend mediation and it does resolve the issue. No appeal is needed - the LA must implement what was agreed within set deadlines.

There is one important exception. If your appeal is only about Section I (the school or setting named in the plan), you do not have to consider mediation at all. You can go straight to tribunal. Most appeals though involve at least one other section, so most parents will need a certificate.

What to expect at the meeting

Mediation usually takes place over video call (Microsoft Teams or Zoom) and lasts around two to three hours. In the room you will typically have: the mediator, you (and a friend, advocate, or partner if you wish), and a representative from the local authority - usually a SEND case officer or a SEND manager who has authority to agree changes on the day.

The mediator opens with ground rules, then each side gets time to set out their position. After that the conversation focuses on what could be agreed. The mediator may use breakout rooms to speak with each side privately. If an agreement is reached, the mediator writes it up at the end and both sides sign. The local authority is then under a legal duty to implement what was agreed within set timeframes (usually two weeks for amending a draft plan, longer for assessments).

What to bring

Walk in prepared. Mediation is short and the LA representative is experienced. Specifically prepare:

• A one-page summary of what you are asking for and why - the bottom line, not a life story
• Your child's most recent school reports, EP report (if any), and any therapy reports
• The original decision letter you are challenging
• The relevant section of the SEND Code of Practice (most disputes turn on a paragraph or two)
• A list of specific, measurable outcomes you want included in Section E and provision in Section F
• Any school refusal data, attendance figures, or incident logs that show the impact of unmet need

Our guide to writing an EHCP letter has examples of the exact wording that holds up in disputes. The same language works in mediation.

Success rates and what mediation can realistically achieve

Department for Education figures published in 2024-2025 suggest that around 70% of SEND mediation cases are recorded as fully or partially resolved at the meeting. That number is encouraging but needs context. "Resolved" can mean a small concession that does not fix the underlying problem. Many families still end up at tribunal even after a "successful" mediation if the agreed actions are not delivered. Compare this with tribunal: over 95% of SEND appeals are now decided in the parent's favour where they proceed to a hearing.

Mediation is most useful when the dispute is narrow and the LA has signalled it will move - for example, agreeing to assess, agreeing to amend specific wording, or agreeing to fund a named therapy. It is least useful when the LA's position is fixed by panel decisions you cannot influence directly.

When to skip mediation and go straight to tribunal

Mediation is not always worth your time. Consider going straight to tribunal (by declining to mediate but still getting the certificate) when:

• The local authority has already shown it will not move - for example, a flat refusal that ignored your evidence
• Your child is in crisis and you cannot afford a six-week delay
• You have been refused twice on the same point
• The dispute is about Section I only (no certificate needed)
• You already have strong professional evidence the LA has not engaged with

You do not need to justify your decision. Tell the mediation adviser you do not wish to mediate, and they will issue the certificate within two days.

After mediation: next steps

If mediation resolves your case, get the agreement in writing on the day and chase the LA in writing if deadlines slip. If it does not resolve, lodge your SEND Tribunal appeal within one month of the certificate date using form SEND35 (or online via GOV.UK). The tribunal process takes around five to seven months but settles many cases before the hearing.

If you are not sure whether to mediate or skip, look at what to do when an EHCP is refused and when school says no to an EHCP for examples of how other families handled the same fork in the road.