SEND Mediation and Disagreement Resolution Service

Rotherham Borough Council (RBC) are running a single procurement process that will result in the commissioning of an impartial SEND Mediation and Disagreement Resolution Service. 1The Children and Families Act 2014 (the "Act"), Chapter 6 sets out requirements regarding appeals, mediation and disagreement resolution for children and young people in England with special educational needs or disabilities (SEND). The Act was followed by the Special Educational Needs and Disability Code of Practice 2015: 0 to 25 years. This Statutory Code of Practice sets out the guidance for organisations who work with and support children and young people with special educational needs and disabilities explaining their duties and responsibilities under Part 3 of the Act, details of the legal requirements that must be followed without exception and statutory guidance that must be followed by law (unless there is a legitimate reason not to). Both the Act and Code of Practice outline:

• Early resolution of disagreements at a local level,
• Independent disagreement resolution arrangements which local authorities must make available for disagreements across special educational provision,
• Independent mediation arrangements which parents/carers and young people can use before deciding whether to appeal to the SEND First Tier Tribunal and for health and social care complaints in relation to Education, Health and Care Plans (EHCPs),
• Conditions for appealing to the Tribunal or making disability discrimination claims.

In addition, The Special Educational Needs and Disability Regulations 2014 set out in detail what is required by Local Authorities (LAs) for assessing the Education, Health and Care (EHC) needs of children and young people and, where necessary, drawing up EHC plans including the requirements regarding mediation and appeal. In order to ensure strong quality standards the Service Provider must be a Registered Provider with the Civil Mediation Council and ensure that all Mediators are trained, qualified and experienced and must be included on the SEND Mediator Register. The Service Provider must also provide a commitment to comply with any additional professional standards developed as a result of the SEND reforms. The Service Provider will provide confidential, independent and impartial mediation advice and Mediation and Disagreement Resolution Service to Service Users within the Rotherham borough in order to assist the discharge of statutory obligations under the Act and the Code of Practice. The Service Provider will ensure that the Service is:

• Independent, confidential and impartial to Service Users,
• Flexible yet cost effective, enabling Service Users to access the Service they need, when they need it. This Service should be a hybrid model with online mediation as the default.

In providing the Service the Service Provider must ensure that it, and its staff:

• Adhere to the agreed timetable throughout the process,
• Demonstrate trauma-informed, parent-centered practice,
• Seek feedback from Service Users to inform and influence service development as well as providing evidence of user satisfaction improvements,
• Tailor the Service to individual Service User needs and especially in reference to groups with protected characteristics as defined in the Equality Act 2010,
• Is a Civil Mediation Council (CMC) registered Provider and
• Use only Mediators registered with the CMC.

The current SEND reform programme and associated DfE policy development present a known risk which may necessitate future modifications of the contract. Whilst the final legislative and operational requirements are not yet fully defined, the reforms may result in changes to statutory mediation requirements, dispute resolution pathways, Individual Support Plan (ISP) arrangements, referral volumes, eligibility criteria, performance measures, reporting requirements, multi-agency working arrangements, and the respective responsibilities of Local Authorities, schools and health partners. Consequently, the Council may need to modify the contract during its term to reflect changes in legislation, statutory guidance, service delivery models, demand levels or commissioning requirements arising from the national SEND reform programme. Any modifications would be limited to those necessary to maintain statutory compliance, service continuity and effective delivery of the SEND Mediation and Disagreement Resolution Service.