What can I do if a Local Authority does not comply with a Mediation Agreement?

If your Child has Special Educational Needs, you may have made a request to your Local Authority for an Education, Health and Care Needs Assessment (EHCNA) or, you may already be in receipt of an Education, Health and Care Plan (EHCP) which provides Special Educational Provision, or names a Specialist School, for your Child.

If the Local Authority refuses to undertake an Education, Health and Care Needs Assessment, or issue your Child with an EHCP, or if you are unhappy with the contents of your EHCP you may have decided to undertake mediation with the Local Authority, before appealing to the First-tier Tribunal (Special Educational Needs and Disability).

If you chose to undertake mediation with the Local Authority, the Local Authority may have agreed to undertake certain actions as part of a Mediation Agreement completed at the end of the Mediation.  This could be actions such as taking the request back to a Panel, or agreeing to gather more information before coming to a new decision.  When a Local Authority makes such an Agreement, they are legally bound to comply with these actions within a certain timeframe as set out in Regulation 42 of the Special Educational Needs and Disability Regulations 2014.

If the Local Authority does not comply with the Mediation Agreement, this will likely be leaving you, and your Child, in limbo, unable to progress with securing appropriate Special Educational Provision for them, or appealing to the Tribunal.  If the Local Authority is not complying with their Mediation Agreement, then there are a number of remedies you can pursue. One of this you may wish to consider is sending a Pre-Action Protocol Judicial Review Letter in relation to their failure to comply with the Mediation Agreement.

Sending a Pre-Action Letter can result in the Local Authority complying with the Mediation Agreement either resulting in a positive outcome for you and your Child, or allowing you the ability to appeal to the Tribunal if this is required.  

If you find yourself in a position where your Local Authority has not complied with a Mediation Agreement, and you feel that you would like to discuss this with a Special Educational Needs and Disability Lawyer, then please contact the HCB Widdows Mason Education Department on 0333 202 7175 or alternatively email education@hcbgroup.com, for a free initial consultation regarding your concerns. Equally, if you feel that your Child would benefit from an EHCP and would like to discuss