EHCP mediation: advice, certificates and choices
Mediation is a way to try to resolve an EHCP dispute with an independent mediator. For most SEND appeals, you must first obtain mediation advice and a certificate, but you can choose not to take part in mediation. An appeal solely about the placement or type in Section I has an exception.
Practical guidance for families in England
Separate mediation advice from mediation
The decision letter should explain how to contact a mediation adviser. The adviser explains the process so you can decide whether to participate. Choosing not to mediate is different from ignoring the certificate requirement. Check the current rules for the particular appeal and retain the certificate issued.
Guidance checked on 15 September 2026. Keep the decision letter, relevant plan or request, and the dates that apply to your case.
Protect the appeal deadline
The usual deadline is two months from the decision notice or one month from the mediation certificate, whichever is later. Record both dates. Do not assume discussions with the council, an informal meeting or a planned mediation session automatically cover the filing requirements.
Prepare a focused agenda
Identify the decision challenged, the changes sought and the evidence supporting each. Distinguish points that can be agreed immediately from those requiring professional clarification. Bring the relevant plan, decision, reports and a short amendment schedule. Include the child or young person’s views and any adjustments needed for participation.
Check any proposed agreement carefully
Record the exact action, responsible person and completion date for each point. If the agreement concerns plan wording, identify the section and text. Ask how agreed changes will be reflected in the statutory process. Avoid relying on a general promise to review matters later without a clear next step.
Choose support according to the task
You may want help organising evidence, understanding the proposed wording or participating in the meeting. Agree the supporter’s role in advance. Free SENDIASS information may be sufficient; paid advocacy or legal advice should have a clear scope, fee and boundary.
Check the documents for this stage
Keep the relevant request, decision notice or plan together with the evidence referred to above. Record the source of each proposed change and the date on which the next action is due. If two accounts differ, explain the difference and seek clarification rather than omitting one account.
If only some issues are resolved
Keep a record of what is agreed and what remains disputed. Check the certificate and appeal arrangements for unresolved issues. Partial agreement can narrow an appeal, but it does not make the remaining concerns disappear or automatically extend time.
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Before you take the next step
You should be able to identify the issue, the outcome or information you need, the evidence supporting it and the person responsible for the next action. Keep a copy of what you send and any acknowledgement. The related guides below cover the stages that may follow.
Free information and additional support
Choose help for the question you need answered
Your local SENDIASS offers free information, advice and support. IPSEA also publishes SEND guidance. If a deadline, evidence gap or disputed decision remains unclear, identify the specific question before commissioning paid help. Seek prompt specialist legal advice where an urgent legal remedy may be needed.
How Little Nellie’s can help
Little Nellie’s offers EHCP advocacy, document review, evidence organisation and independent social-work input. Agree the task, deliverable, deadline and fee before instructing. The related service and pricing pages explain the available support.
Little Nellie’s is not a law firm. Its services do not replace the local authority’s statutory duties or guarantee a plan, placement or tribunal outcome. Legal work outside the agreed service scope may require a specialist solicitor.
Related guides and support
Choose the guide for your next question or stage.
Official sources and EHCP services
Official sources: Children and Families Act 2014 — https://www.legislation.gov.uk/ukpga/2014/6/contents
SEND Code of Practice — https://www.gov.uk/government/publications/send-code-of-practice-0-to-25
SEND appeal guidance — https://www.gov.uk/appeal-ehc-plan-decision
Free SEND guidance — https://www.ipsea.org.uk/
The service links below describe Nellie’s paid support. Check current official instructions when filing an appeal.
Discuss the support you need
Send the relevant decision, plan or request and any deadline when enquiring. Ask which service addresses your specific issue and request a clear scope and quote.
Frequently Asked Questions
Must I agree to mediate?
For most appeal types you must obtain mediation advice, but you can decide not to mediate. Keep the relevant certificate.
Is mediation advice required for an I-only appeal?
An appeal solely about the school, institution or type in I has an exception. Check whether any B or F dispute means your appeal is wider.
What should a mediation agreement say?
It should make the agreed actions, wording where relevant, responsibility and dates clear. Check how those actions will be implemented and what happens to unresolved issues.
Where can I find free SEND information?
Your local SENDIASS provides free information, advice and support. IPSEA publishes guidance on the SEND system. Use the direct links in the sources section and check any service’s current availability.
What should I send when asking Little Nellie’s for help?
Send the relevant request, decision letter or plan, the key evidence and any deadline. Explain the specific task you need help with so the scope and fee can be agreed.
Does this guide apply outside England?
This guide concerns the EHCP framework in England. Wales, Scotland and Northern Ireland have different education and support systems; check guidance for the relevant jurisdiction.