Rulebook · Way to challenge
Contact the mediation adviser (needed before most appeals)
Before most appeals, the law requires a certificate from a mediation adviser. The council's decision letter names the adviser. The adviser explains mediation, and you choose whether to take part. You do not have to. Either way, you get a certificate, which the Tribunal needs. This step is not needed for an appeal only about section I, or for a disability discrimination claim.
Who can use it: The parent of a child, or a young person, who is thinking about appealing a decision that can be appealed. Time limit: Contact the adviser within 2 months of the date the decision letter was sent. 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. If you tell the adviser you do not want mediation, the adviser must issue the certificate within 3 working days. If the adviser is not contacted within the 2 months, the Regulations say the adviser may not issue a certificate. The Tribunal can then be asked for permission to appeal without one.
- Alongside other ways
- This is a step towards an appeal, not an alternative to one. You can talk to the council, use disagreement resolution or complain about other matters at the same time.
- Cost
- Free.
What it can do
- It leads to the mediation certificate needed to appeal.
- Where a certificate is needed, the last day to appeal is 2 months after the decision letter was sent, or 1 month after the certificate, whichever is later. So a certificate issued late can move the appeal date later.
What it cannot do
- It does not decide anything about the disagreement.
- The adviser cannot change the council's decision.
- Type of rule
- Law (Act or Regulations)This is the law, set by an Act of Parliament or by Regulations.
- Rule id
route.mediation_advice- Rules version
- england-2026.10
- Law as at
- 30 September 2026
Sources
- Children and Families Act 2014, s 55(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 33Law (Act or Regulations)
- SEND Regulations 2014, reg 34(1)Law (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)
- Tribunal Procedure (First-tier Tribunal) (HESC Chamber) Rules 2008, r 20(1)(c)Law (Act or Regulations)
- SEND Code of Practice 2015, para 11.25Official guidance
Related
- Mediation
- Mediation adviser and mediation certificate
- Last day to contact a mediation adviser (needed before most appeals)
- Mediation certificate (if you do not want mediation)
- Last day to appeal to the SEND Tribunal
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