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EHCP Mediation Support
Preparing for SEND Mediation Before Tribunal
If you disagree with a local authority decision about your child’s Education Health and Care Plan (EHCP), you may be told that you need a mediation certificate before lodging a tribunal appeal.
This stage often causes confusion.
Parents must contact a mediation adviser, but they are not required to attend mediation.
However, many families choose to participate in mediation as an opportunity to clarify the disagreement with the local authority before the case proceeds to tribunal.
Our EHCP Mediation Support service helps families approach mediation with clear evidence, structured preparation and professional support during the mediation meeting itself.
What Our EHCP Mediation Support Includes
We do not offer superficial preparation. Our EHCP mediation support is designed to help families attend mediation with a clear, evidence-based position and professional support throughout the process.
Attendance at the Mediation Meeting
We attend the mediation meeting with you by video link and support you during the discussion.
Evidence Review and Case Preparation
Before mediation, we review the current evidence and background information so we can understand your child’s needs and the issues in dispute.
Parent Correspondence and Argument Development
We correspond with you in advance to understand exactly what you are arguing for and to ensure the position put forward aligns with your view
Evidence-Based Argument Preparation
We help prepare the points to be raised at mediation and make sure the case is backed up by evidence wherever possible.
Ongoing Support Calls
We provide support calls when needed as part of the preparation process.
Optional One Stop Evidence Pack
Where needed, we can also gather additional evidence through our One Stop Evidence Pack so we can understand the child in greater detail and ensure the case being advanced is properly evidence based.
Understanding the Mediation Stage
Mediation sits between a disagreement with the local authority and the formal SEND Tribunal process.
It applies to disputes such as:
• refusal to carry out an EHCP assessment
• refusal to issue an EHCP after assessment
• disagreements about Sections B or F of a plan
• disputes about school placement
Under the SEND Regulations 2014, parents must first contact a mediation adviser and obtain a mediation certificate before submitting most SEND appeals.
The certificate confirms mediation has been considered.
Parents can then:
• participate in mediation, or
• proceed directly to tribunal
Mediation does not remove your right to appeal.
Why Mediation Often Feels Difficult
Families frequently describe mediation as:
• rushed
• procedural
• intimidating
• unclear in purpose
Local authorities may repeat the same reasoning already set out in the decision letter. Parents may feel unprepared to respond to technical or procedural arguments. Without preparation, mediation can become a restatement of disagreement rather than a focused discussion about the legal issues.
What Effective Mediation Preparation Focuses On
Mediation is not about arguing.
It is about clarity and positioning.
Strong preparation typically includes:
• identifying the legal issue being disputed
• understanding the relevant statutory test
• organising evidence clearly
• clarifying the outcome being sought
• identifying realistic negotiation points
Even if mediation does not resolve the matter, structured preparation often strengthens the tribunal case that follows.
What we Need From You
To prepare for mediation properly, we usually need the following from you:
The reason for going to mediation
We need to understand exactly what decision you are challenging and what outcome you are seeking.
The local authority decision letter
Please send the relevant decision letter, whether this relates to a refusal to assess, refusal to issue, refusal to amend, cessation decision or another appealable EHCP decision.
The EHCP, if applicable
If your child already has an EHCP, please provide the current plan and any relevant draft or amended versions.
School records and reports
This may include school reports, attendance records where relevant, and any ILPs or support plans already in place.
Professional evidence
Please send any diagnoses, educational psychology reports, speech and language therapy reports, occupational therapy reports, medical letters, CAMHS letters or other relevant professional evidence you already have.
Parent evidence
Your own account is important. Parent statements can help explain the child’s needs, the current difficulties and the reasons for challenge.
Voice of the child evidence, where appropriate
Where appropriate, we can also include statements reflecting your child’s views and experiences.
Any other relevant documents
Anything else that helps explain the child’s needs, the provision required or the basis of the challenge can be included.
Why add our evidence pack
Mediation is often the best opportunity to resolve issues without the added stress, delay and expense of a Tribunal appeal. But for mediation to be effective, the local authority usually needs more than parent concerns alone. It needs clear, structured professional evidence showing why changes to the EHCP are needed.
Our evidence pack can help provide that.
Because we are an independent social work practice, we are able to bring in additional input from professionals within our team, including social work and psychology. That means the case presented at mediation can be supported by more detailed evidence about your child’s needs, the impact on their education, and why the current EHCP is not sufficient.
This is a meaningful point of difference in our work. Many services can support families through mediation, but fewer are able to add this extra level of professional evidence around the child themselves. For some families, that added weight can make the discussion more focused and more productive.
We have seen cases where the local authority has agreed to amend the EHCP at mediation after considering the strength of the additional evidence provided. Where that happens, families may avoid the time, uncertainty and cost of going on to Tribunal altogether.
In that sense, the evidence pack is not simply an added extra. It can be a practical step that strengthens your position at mediation and may reduce the risk of needing a formal appeal later.
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Why This Mediation Stage Matters
Mediation sits at an important point in the EHCP dispute process.
It is often the first structured opportunity to challenge the local authority’s reasoning directly, with an independent mediator facilitating the discussion.
For some families, mediation can lead to agreement or clarification that avoids the need for a full tribunal hearing.
For others, mediation confirms that the disagreement cannot be resolved informally.
Either outcome can be valuable.
When mediation is approached with clear evidence, a defined position and an understanding of the legal framework, it can:
• clarify the issues in dispute
• identify where the authority’s reasoning may be weak
• narrow the points the tribunal will later need to consider
• strengthen the evidence base for the appeal
Even when agreement is not reached, structured preparation at this stage often improves the clarity and strength of the tribunal case that follows.
What Happens Next?
If mediation leads to agreement, the local authority must confirm any changes in writing and implement the agreed outcome.
If mediation does not resolve the disagreement, you can proceed with your SEND Tribunal appeal.
At that stage, the tribunal will review the evidence and determine whether the local authority’s decision should be changed.
Families who continue to tribunal often require:
• SEND Tribunal Representation
• further evidence preparation and case structuring
Our team can continue supporting you through the tribunal process if the case proceeds beyond mediation.
How Our Support Works
Our role is to bring structure, clarity and professional support to the mediation process.
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Free 15 Minute Call
We begin with a short conversation to understand the local authority decision and where you are in the EHCP dispute process.
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Tailored Plan
We explain how mediation works, confirm whether mediation attendance is appropriate, and outline the preparation required.
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Structured Advocacy
We review the documentation, organise the evidence and prepare your position before the mediation meeting takes place.
We then attend the mediation with you, helping ensure the discussion remains focused on the key issues, supporting evidence and the relevant statutory framework.
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Ongoing Support
If the disagreement is not resolved at mediation, we can continue supporting families through the next stage of the process, including SEND Tribunal preparation and representation.
What Happens Next?
Before the tribunal hearing can proceed, parents must obtain a mediation certificate from an independent mediation adviser.
This step allows families to consider whether the disagreement with the local authority might be resolved without a full tribunal hearing.
Parents may:
• take part in mediation with the local authority
• request a mediation certificate without attending mediation
Once the mediation certificate has been issued, the appeal can continue through the tribunal process.
At this stage families often require further support depending on how the case develops.
EHCP Mediation Support
If mediation takes place, preparation is important. We help families organise the evidence, clarify the legal position, and ensure the discussion remains focused on the child’s needs and the statutory test.
SEND Tribunal Representation
If the case proceeds to a hearing, the tribunal will examine the evidence and decide whether the local authority must issue an EHCP. Our tribunal representation service provides structured preparation and professional advocacy throughout the tribunal process.
Professional Standards and Expertise
Little Nellies is the specialist SEND advocacy division of the Nellie Supports social work practice.
Little Nellies Ltd operates as a subsidiary of Nellie Supports Ltd, providing dedicated EHCP and SEND advocacy services while drawing on the wider multidisciplinary expertise of the practice.
Our work is delivered by professionals who understand both the statutory SEND framework and the practical realities families face when disagreements arise with local authorities.
Our team includes:
• Social Work England registered social workers
• Social Care Wales registered social workers
• members of the British Association of Social Workers
• SEND practitioners with postgraduate qualifications
• multidisciplinary professionals with experience across education, health and social care
This professional background allows us to approach mediation and tribunal disputes with a clear understanding of the Children and Families Act 2014, SEND Regulations 2014 and the SEND Code of Practice.
Our aim is always the same: ensuring a child’s needs are presented clearly, evidence is structured properly, and discussions remain focused on the statutory duties that apply.
Other EHCP Support Services
Families often require support at different stages of the EHCP process.
Related services include:
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Frequently Asked Questions
No. Parents must contact a mediation adviser before submitting most SEND appeals and obtain a mediation certificate.
However, you are not required to attend the mediation meeting itself if you do not wish to.SEND mediation is a structured meeting between parents and the local authority facilitated by an independent mediator.
The purpose is to explore whether the disagreement can be resolved before the case proceeds to tribunal.
Discussions usually focus on:
• the issues in dispute
• the evidence available
• the legal duties under the SEND framework
• whether any agreement can be reachedYes. Parents are allowed to bring professional support to mediation.
Many families choose to have an adviser attend so the discussion remains structured and focused on the relevant evidence and statutory duties.
If an agreement is reached during mediation, the local authority must confirm the outcome in writing and implement any agreed changes.
If mediation does not resolve the dispute, parents retain the full right to proceed with a SEND Tribunal appeal.
If mediation does not resolve the disagreement, the case can proceed to the SEND Tribunal.
At that stage, the tribunal will examine the evidence and decide whether the local authority’s decision should be changed.
Mediation can sometimes resolve disputes more quickly than tribunal.
However, preparation is important so the discussion remains focused on the key issues and the relevant legal framework.
Many families use mediation as an opportunity to clarify the disagreement and strengthen their position before tribunal.
You Have the Right to Challenge a Local Authority Decision
A disagreement with the local authority does not mean your child’s needs have been fully understood.
It often means the authority believes the existing support or proposed EHCP is sufficient.
If you believe the decision does not reflect your child’s needs, structured mediation preparation can help ensure the discussion focuses on the evidence, the legal framework, and the outcomes your child requires.