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...