Question to the Department for Education:

To ask the Secretary of State for Education, with reference to the policy proposal in the SEND Review to make mediation mandatory before allowing families to go to the SEND Tribunal, what assessment he has made of the potential impact of that proposal on the time it takes families with disabled children to access the support they need.

Throughout the special educational needs and disabilities (SEND) Review, parents and carers told the department how lengthy, stressful, and often expensive, the tribunal process can be.

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 a mediation session takes place within 30 days. There were 5,100 mediation cases held during 2021. Of these, 74% were settled without the need to progress to Tribunal.

Waiting for a SEND tribunal hearing can take significantly longer, the tribunal has a performance measure that 75% of appeals should be brought to hearing and the decision issued within 22 weeks.

This government’s proposals seek to resolve issues earlier and improve relationships locally by strengthening mediation, including consulting on making it mandatory. Parents will still be able to go to tribunal if necessary.

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