The Special Educational Needs and Disability Regulations 2014

Information to be included in notices sent by a local authority

32.  Where a notice sent by a local authority must include the information set out in this regulation, that information is—

(a) the right of the child’s parent or young person to request mediation under section 53 or 54 of the Act;

(b) the requirement to obtain a certificate in accordance with section 55(4) or (5) (“a mediation certificate”) before any appeal can be made to the First-tier Tribunal(1);

(c) contact details for the mediation adviser that the child’s parent or young person should contact to obtain that certificate;

(d) the timescales for requesting mediation;

(e) the requirement to inform the local authority—

(i) if the parent or young person wishes to pursue mediation,

(ii) the mediation issues(2), and

(iii) where the mediation issues are or include the fact that no health care provision, or no health care provision, of a particular kind is specified in the EHC plan, the health care provision that the child’s parent or young person wishes to be specified in the EHC plan;

(f) contact details for any person acting on behalf of the local authority whom the child’s parent or young person should contact if they wish to pursue mediation.

(1)

The First-tier Tribunal was established under section 3 of the Tribunals, Courts and Enforcement Act 2007 (c.15)

(2)

Mediation issues has the same meaning as in section 53(1)(b) of the Act