Explain

Mediation

Mediation is a meeting with an independent mediator to try to reach agreement with the council and any health body involved. For most appeals, the parent or young person must first contact a mediation adviser within 2 months of the decision letter being sent. Mediation is optional. If they choose mediation, the council must normally arrange it within 30 days of being told. Where the adviser's certificate is needed, the appeal time limit is 2 months after the decision letter was sent, or 1 month after the certificate, whichever is later. This is the same with or without mediation.

If the decision letter is dated before it was sent, the last day to contact the adviser may be earlier, counted from the date on the letter. Where the disagreement is only about health care, the health body arranges the mediation instead, within 30 days of hearing from the council.

Type of rule

Law (Act or Regulations)

Rule id

mediation

Rules version

england-2026.10

Law as at

30 September 2026

Sources

• Children and Families Act 2014, s 52Law (Act or Regulations)
• Children and Families Act 2014, s 53Law (Act or Regulations)
• Children and Families Act 2014, s 54Law (Act or Regulations)
• Children and Families Act 2014, s 55(3)Law (Act or Regulations)
• SEND Regulations 2014, reg 33Law (Act or Regulations)
• SEND Regulations 2014, reg 34(2)Law (Act or Regulations), to verifyStill open: whether "the date of the notice" in reg 34(2) can be earlier than the day written notice of the decision was sent (reg 33), for example a letter dated before it was posted. Plenda counts from the day it was sent and says the last day may be earlier, counted from the date on the letter.
• Children and Families Act 2014, s 55(4)Law (Act or Regulations)
• Children and Families Act 2014, s 55(5)Law (Act or Regulations)
• SEND Regulations 2014, reg 36(2)Law (Act or Regulations)
• SEND Regulations 2014, reg 35(4)Law (Act or Regulations)
• SEND Regulations 2014, reg 35(3)Law (Act or Regulations)
• Tribunal Procedure (First-tier Tribunal) (HESC Chamber) Rules 2008, r 20(1)(c)Law (Act or Regulations), to verifyStill to confirm that HESC r 20(1)(c) runs the 1-month limb from a certificate issued after declining mediation (CFA 2014 s 55(4)) as well as after mediation (s 55(5)), and not for an appeal only about Section I (s 55(2)). r 20(1)(c)(ii) refers to "the mediation certificate" without a subsection; r 20(3)(c) names certificates under s 55(4) or (5) in cases within s 55(3) (HMCTS consolidated HESC Rules, August 2025). Still to confirm against legislation.gov.uk.
• Tribunal Procedure (First-tier Tribunal) (HESC Chamber) Rules 2008, r 20(3)(c)Law (Act or Regulations), to verifyRead in the HMCTS consolidated HESC Rules (last updated 8 August 2025): in a case to which s 55(3) applies, the application notice is sent with "a copy of any certificate issued under subsection (4) or (5)". Still to confirm against legislation.gov.uk.

Related

• Mediation adviser and mediation certificate
• Disagreement resolution service
• SEND Tribunal (First-tier Tribunal)
• The time limit to appeal

In an assistant, the ehcp_challenge_options tool helps with this: Ways to challenge a decision.

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