Oldham SEND Mediation & Disagreement Resolution (DRS) Service

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POINT SEND Mediation & Disagreement Resolution (DRS) Services are designed to help settle disagreements about the provisions being made for a child or young person aged 0 to 25 years, with special educational needs/disabilities (SEND).

Mediation is specifically linked to decisions relating to an Education Health and Care (EHC) Needs Assessment and/or Education Health and Care Plan (EHCP) and must be considered by parents, carers or young people before submitting an appeal to the First Tier SEND Tribunal. Your right to appeal decisions are time limited and advice must be sought within 2 months from the date of your letter from the local authority.

Mediation can take place where decisions are taken by a local authority for example:

• A decision not to carry out an EHC needs assessment
• A desicision not to issue an EHC plan
• A decision not to amend an EHC plan or
• A decision to cease to maintain an EHC plan

During the initial enquiry, POINT's Mediation team will provide factual and unbiased information about mediation and how this may support you to resolve your disagreement.

This is designed to help families and young people decide if it could be helpful to proceed with a mediation.  We will do our best to answer any questions asked about the process. Families and young people have the option to choose whether or not to take part in a mediation meeting.

Should a family or young person choose not to go to mediation, a certificate must be obtained from the mediation service to confirm this option has been considered before lodging an appeal with the First Tier SEND Tribunal. The tribunal will not take account whether or not mediation has taken place.

Disagreement Resolution (DRS) applies to any aspect of special educational needs and disability (SEND) regardless of whether or not the child or young person is being assessed for or has an EHC plan, and can be used at any time with the agreement of the parties involved.

DRS covers a range of disagreements including:

• Placement
• The performance of duties
• Any aspect of SEN provision
• Health and social care disagreements during the processes related to an EHC needs assessment

Both mediation and dispute resolution meetings are arranged by involving key people in the disagreement (where possible) and are facilitated by our trained, impartial SEND mediators.

To find out more about whether Mediation or Disagreement Resolution may be suitable for you, contact a member of our team who will be happy to help.