Q: The
proposed flexibility which is intended to give mediation between LAs
and parents before giving the right of appeal is appalling, this will
help the LA delay further (it is 20 weeks for a SEND Tribunal case to be heard). The mediation is a
statutory service - from what I understand - which will be tied to the LA.
It doesn't sound very independent.
IPSEA's answer:
IPSEA are very, very concerned about the proposed introduction of
compulsory mediation. It is another hurdle for parents to clear before
getting to challenge the LA at the
SEND Tribunal. By the time parents have got to the stage where they have a
right of appeal, a lot of time has already passed. The draft provisions
make it very clear that LAs will have to provide this service but that it does
have to be independent (i.e. no one from a LA
- or even a neighbouring one). The issue is, if the LA are commissioning
this service from a mediator there will always be a target number of
successful mediations to reach in order to maintain the
contract. For good and truly independent mediators this is not a problem but parents' experience shows that this has not always been the case.
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