Question to the Department for Education:

To ask Her Majesty's Government what assessment they have they made of the impact of the policy set out in the SEND review which makes mediation mandatory before allowing families to go to the SEND tribunal, on levels of (1) stress, and (2) administration, for families with disabled children.

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.

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.

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.

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.

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.

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.

The green paper is now out for public consultation on its proposals until 22 July.