A Guide to SEND Mediation Services and the First-tier Tribunal Process
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Wherever possible Blackburn with Darwen Council and/or Health Commissioners will try and resolve concerns or issues by meeting and talking with those involved. Sometimes it isn't always possible to reach a resolution and you may want to seek support from a third party.
This guide explains
- the difference between mediation services and disagreement resolution services
- what mediation services offer
- how to access the service
- and who to speak to for more information
You may also want to view our guide to SEND disagreement resolution services.
Changes to the SEND Tribunal: Single Route of Redress National Trial
The Government has extended the powers of the SEND tribunal to make non-binding recommendations about the health and social care aspects of education, health and care (EHC) plans.
Previously, you have only been able to appeal the educational aspects of EHC plans. The extended powers given to the SEND tribunal gives you the right to request recommendations about the health and social care needs and provision specified in EHC plans, in addition to the educational aspects, when making a SEND appeal. This gives you the opportunity to raise all your concerns about an EHC plan in one place.
It is only possible for the tribunal to consider the health and/or social care aspects of the EHC plan where you are already making an appeal in relation to the education aspects of the EHC plan and the education aspect must remain live throughout the appeal.
National Trial 2018-2021
The national trial commenced from April 2018 to August 2021 testing the extended powers for the SEND tribunal. The department commissioned an independent evaluation of the National Trial which found broadly positive evidence in support of the tribunal’s extended powers. You can view the evaluation of the trial on GOV.UK.
Therefore, the Government has confirmed that they are continuing the extended powers of the First-tier Tribunal (SEND), sometimes referred to as the ‘SEND Tribunal’, to make non-binding recommendations about the health and social care aspects of EHC plans.