Explain

Mediation adviser and mediation certificate

Before most appeals, the parent or young person must contact the mediation adviser named in the decision letter within 2 months of the date it was sent. If they do not, the Regulations say the adviser may not issue a certificate, but the Tribunal can be asked for permission to appeal without one. If the letter is dated before it was sent, the last day to contact the adviser may be earlier, counted from the date on the letter. The adviser gives information about mediation and then issues a certificate.

The Regulations count the 2 months from the date of the notice, so the date on the letter may be the one that counts. If they say they do not want mediation, the certificate must be issued within 3 working days. If they go to mediation, it must be issued within 3 working days after it ends. No certificate is needed for an appeal only about Section I (the school or college), or for a disability discrimination claim. Where a certificate is needed, the appeal time limit is 2 months after the decision letter was sent, or 1 month after the certificate is issued, whichever is later. So the certificate date can move the last day to appeal later.

Type of rule

Law (Act or Regulations)

Rule id

mediation_certificate

Rules version

england-2026.10

Law as at

30 September 2026

Sources

• 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.
• SEND Regulations 2014, reg 34(3)Law (Act or Regulations)
• Children and Families Act 2014, s 55(2)Law (Act or Regulations)
• Children and Families Act 2014, s 55(4)Law (Act or Regulations)
• SEND Regulations 2014, reg 34(1)Law (Act or Regulations)
• Children and Families Act 2014, s 55(5)Law (Act or Regulations)
• SEND Regulations 2014, reg 39(1)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
• The time limit to appeal
• SEND Tribunal (First-tier Tribunal)
• Disability discrimination claim against a school

In an assistant, the ehcp_calculate_deadlines tool helps with this: EHCP deadlines.

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