Home Forums Mediation for EHCNA refusal Reply To: Mediation for EHCNA refusal

#17958
CatherineCatherine
Participant

I’d definitely recommend going to mediation. So far I have always (with one exception that was fair enough in that case) got decisions overturned at mediation – whether agreement to assess or to write plan where these have initially been refused. Get together any additional / updated evidence you can and go to mediation with the parent (they can ask for others to accompany them, I have always gone to mediations with parents). Good luck, it’s definitely worth fighting to get it through once a request is in the system (rather than accepting comments such as “keep trying for another six months and then re-request if necessary”). Also the threshold for getting an assessment is very low in law – just that child whether the child or young person “has or may have special educational needs (“SEN”); and whether they may need special educational provision to be made through an EHC plan.” As someone else has mentioned, about 95% of tribunal appeals are won by parents, proving LA decisions are often questionable (there are no figures I know of for mediations but from my experience across four different LAs it seems very likely a high percentage of those result in decisions being overturned and parents therefore winning these) Plus it’s different getting to put your case in person rather than putting it on paperwork for a panel to read, it can sometimes be that things haven’t quite come through in the paperwork that are understood when talking face to face.