Review of arrangements for disagreement resolution (SEND)

The Children and Families Act 2014 and the related Special educational needs and disability code of practice: 0-25 years (SEND code of practice) (DfE, 2015) place a greater emphasis than before on the avoidance of disagreements through a person centred approach to decision-making and open communication between professionals and parents and young people (SEND code of practice, paragraph 11.1). Where disagreements and complaints arise, the legislation and the code make clear that parents and young people should be given information and, where they choose, support to enable participation in disagreement resolution and complaints processes. Local authorities (LAs) must therefore provide an information, advice and support service, an independent local disagreement resolution service and mediation service(s). The mediation service includes mediation advice (i.e. providing information about what mediation is and can offer) and full mediation. Local authorities must inform parents and young people about these services, as well as of complaints procedures, and procedures for appealing to the English First-tier Tribunal SEND. The reforms aim to reduce the incidence of disagreements and to achieve earlier resolution of those that do arise.