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<p>Throughout the Special Educational Needs and Disabilities (SEND) Review, parents
and carers told us how lengthy, stressful, and often expensive, the tribunal process
can be.</p><p>The department’s proposals set out in the SEND and Alternative Provision
Green Paper, which is subject to consultation, seek to enable issues to be resolved
earlier and improve relationships locally by strengthening mediation, including consulting
on making it mandatory.</p><p>In the current system, in most cases, families must
secure a mediation certificate before registering an appeal with the tribunal, but
they do not have to participate in the mediation itself. If the parent or young person
does decide to proceed with mediation, then the local authority must ensure that it
arranges for mediation between it and the child's parent or young person within 30
days.</p><p>Waiting for a SEND tribunal hearing can take significantly longer. The
tribunal has a performance measure that 75% of appeals should be brought to a hearing
and the decision issued within 22 weeks.</p><p>Mediation is effective in most cases.
In 2021, 74% of mediation cases were settled without the need to progress to a tribunal.
Mediation is free of charge for families.</p><p>The department will make sure there
is appropriate support available to parents to help them understand the mediation
process and how best to engage with it. Parents will still be able to go to a tribunal
if necessary.</p><p>The green paper is now out for public consultation on its proposals
until 22 July.</p><p> </p>
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