SEN0870

Written evidence submitted by Global Mediation
SEND Mediation and Conflict Resolution

As an organisation undertaking approximately 6,000 mediations per year in the SEND sector, covering 70 Local Authorities (LAs) and managing 52% of all UK cases, Global Mediation is uniquely positioned to contribute to this consultation. We would also welcome the opportunity of a meeting to expand on relevant matters based on our data and experience as it highlights both the successes and the challenges in utilising mediation as a tool to resolve disputes and improve outcomes for children, young people, and families. Below we provide our insights and recommendations aligned to the questions posed in the consultation drawing from our work in SEND mediation since 2001.

Our response focuses on two key areas: (i) support for children and young people with SEND and (ii) the current and future model of SEND provision.

1. Support for Children and Young People with SEND

significant resources and achieve better outcomes for families. 95% of cases mediated by Global Mediation are resolved fully or partly in a single two-hour session, avoiding Tribunal costs of approximately £7,500 per case. In some regions, savings exceed £8 million annually. The attendance of children and young people is strongly encouraged to enable them to have a voice in the decisions made around them. Mediation therefore provides the opportunity for the correct support to be developed with the child at the heart of decision making.

In addition, inclusivity should mean providing tailored support that allows every child to know what support is available to them to enable them to thrive, irrespective of their needs. Sometimes this can be unclear, especially where there is intersectionality (multiple complexities).

We appreciate that others will respond in greater detail regarding procedures within schools, and that some current DfE and LA pilots are already working on some of the recommendations which follow.

Recommendations:

• Encourage LAs to prioritise mediation as a primary resolution strategy, once their own informal negotiation meetings have not been successful, prior to referral to the SEND Tribunal.
• Increase funding for mediation services and early-stage conflict resolution to reduce escalation.
• Continue to promote collaboration between schools, parents, and external support services
• Have a clear shared definition for ‘reasonable adjustments’ and ‘SEN provision’ in educational environments.
• Establish standardised processes and guidance to all to ensure consistency in SEN support quality and to help all stakeholders to understand their roles and responsibilities.
• Allocate funding for continuous professional development for all staff working in the area of SEND. 

2. Current and Future Model of SEND Provision

Current SEND provision and thresholds for accessing support varies widely between regions, leading to inequities in support. There are currently long delays in processing EHCPs which exacerbate difficulties for families. Poor and overly formal communication styles create a combative approach to conflict. Mediation fosters better communication and collaboration, which directly impacts outcomes. Early resolution avoids the stress and delays of formal legal processes, improving educational and social development.

Recommendations:

• Establish national standards for SEND provision, with flexibility for local adaptation.
• Promote knowledge-sharing between LAs to replicate best practices.
• Create clear thresholds for what would constitute enough evidence for various stages such as an EHCP assessment request.
• Fund more liaison officers with clear terms of reference and consistent resourcing to guide parents through the EHCP journey.
• Promote mediation as the natural next step to resolve disputes amicably and quickly.
• Increase staffing and resources dedicated to EHCP assessments.
• Streamline application processes using technology and clear guidelines.
• Change the style of communication with parents, adopting a more collaborative and less legalistic approach.
• Monitor and act on LA compliance in meeting statutory timeframes involved
• Define statutory requirements for SEND support provision, backed by adequate funding and oversight mechanisms.
• Consider placing SEND support on a statutory footing which may improve consistency and accountability.
• Promote early engagement and mediation to resolve disputes before escalation and monitor LA compliance on meeting the statutory timeframes stated in the SEND CoP.
• Simplify processes for accessing support, focusing on collaborative problem-solving.

Conclusion

There has been ongoing discussion, stemming from the Department for Education (DfE) consultation documents and processes, regarding the potential introduction of mandatory mediation within the SEND framework. Many mediators oppose statutory mediation as it conflicts with the principle of mediation being voluntary. Currently, parents must “opt in” to mediation after receiving all relevant information.

We believe that a compromise can be reached, which holds merit at this time. This compromise would introduce an "opt-out" option (also known as ‘presumed consent’) than the current “opt-in” system. Such a change would raise expectations, clarify the SEND process, and underscore the importance of mediation. It may also strengthen compliance across the system.

We agree that mediation should not be a process where parents are forced to participate against their will, as this could hinder open and free discussion of their concerns. Mediation is fundamentally voluntary, and without an opt-out clause, it would deviate from the core principles of mediation.

The proposed change would allow parents to "opt out" preserving their freedom of choice while likely increasing the use of mediation as a standard part of the process. This opt-out system would resemble the presumed consent system used for organ donation. Ethically, it is essential to ensure that, as is currently the case, parents are fully and sensitively informed about all aspects of mediation. They should be clearly advised of their right to decline mediation and their ability to opt out without any pressure or further questioning.

We welcome the opportunity to contribute further evidence or participate in discussions to shape policy and practice in SEND dispute resolution. Our expertise and track record demonstrate that mediation is not only cost-effective but also vital for achieving better outcomes for children and young people.

January 2025

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