Families requiring additional support or in dispute with the

EHC Process

Simon RaySEND Commissioning &

Local Offer Lead

Families requiring additional support or in dispute with the EHC

Process

Independent Supporters

The East Midlands Disagreement Resolution & Mediation Framework

Independent Supporters• Are available at the request of families or young people

who are progressing through the EHC Plan Pathway

• Provided by Futures (in Nottinghamshire) under contract to the DfE

• Initially until Sept 2016, but may be extended

• Can offer advice through the Plan Pathway – could cover elements relating to health, including legislative duties

• An opportunity to address issues/diffuse tension ahead of more formal processes

How to access Independent Supporters

Telephone: 0115 948 2888

Email: independentsupport@futuresadvice.co.uk

Download the leaflet:

www.ppsnotts.org.uk/docs/Independent_Support_leaflet.pdf

Disagreement Resolution & Mediation

• See part 11 of the SEND Code of Practice (Jan 2015)

• Disagreement resolution can be invoked around any aspect of SEN provision (no EHC Plan is necessary)

• Mediation is specifically focused around the EHC process, including a refusal to agree to an EHC Plan assessment

Mediation• Must be considered before a family or YP

in their own right can appeal to Tribunal (they will be issued with a certificate to evidence that advice has been sought).

• If the family/YP wants to engage in mediation the LA &/or health must participate. Mediation must be undertaken within 30 days of being notified.

Mediation - Health• Parents & YP can go to mediation on the health

elements of an EHC Plan. They do not have to received mediation advice first as the majority of health matters cannot be appealed to the Tribunal. (This position may change – an on-going pilot is considering Tribunal appeals on health elements).

• The current exception is health care which educates or trains a child/YP. This is treated as SEN provision and can be appealed. In these circumstance the parents/YP will have to have obtained mediation first.

Health & Local Authority

• Mediation can also be used where there is dispute between health and the LA about who should be providing/funding services/provision described in an EHC Plan

Disagreement Resolution & Mediation in the East Midlands

• Adopted a regional framework approach in response to parental requests for a choice of providers

• Interim arrangements are being made by the Together Trust (see the Local Offer)

• The new contract takes effect from 1.5.15 and the arrangements will be updated on the Local Offer

• Discussion is taking place with health colleagues to site the framework alongside existing processes

Questions?