Do I need a solicitor for SEND Tribunal?

Legal representation is not mandatory at SEND Tribunal. Many families attend without a solicitor, as the Tribunal is designed to be accessible to parents. What is important is structured SEND and EHCP experience aligned with statutory duties under the Children and Families Act 2014.

Can you attend the tribunal hearing with me?

We provide structured advocacy and preparation support. Attendance at the hearing depends on case complexity and availability. Our primary focus is ensuring you are fully prepared and confident in presenting your case.

What if I am appealing Sections B and F?

Appeals relating to Sections B and F focus on whether needs are accurately identified and whether provision is specific and enforceable. Under Section 42 of the Children and Families Act 2014, local authorities must secure the provision specified in Section F.

How long does tribunal preparation take?

Preparation timescales depend on hearing dates and tribunal directions. Early instruction allows for detailed evidence review and structured appeal preparation.

What if I am already mid-appeal?

We can step in at various stages of the appeal process to review documentation, identify evidential gaps and strengthen written submissions before hearing.

Do I have to attend SEND mediation?

No. You must contact a mediation adviser and obtain a mediation certificate before most appeals, but you are not required to participate in mediation itself.

Does mediation remove my right to appeal?

No. If agreement is not reached at mediation, you retain full rights to proceed to the First-tier Tribunal (Special Educational Needs and Disability).

Is mediation legally binding?

If an agreement is reached, the local authority must confirm it in writing. The agreed changes should then be implemented in accordance with statutory duties.

SEND Child With Heart for Little Nellies EHCP Mediation Support

SEND Mediation Support

Been told you need a mediation certificate before you can appeal?

Mediation is often the stage families feel uncertain about.

You must contact a mediation adviser before lodging most SEND appeals.

But you do not have to attend mediation.

Understanding this stage properly can prevent unnecessary delay - and strengthen your position if the case proceeds to tribunal.

Organise Mediation Now

Understanding the Mediation Stage

Where Mediation Sits in the Appeal Process

When Is Mediation Required?

If you disagree with a local authority decision - such as:

Refusal to assess
Refusal to issue an EHCP
Disagreement with Sections B or F
Placement disputes

You must first contact a mediation adviser and obtain a mediation certificate.

This is a legal requirement under the SEND Regulations 2014.

The certificate confirms that mediation has been considered.

You can then:

Take part in mediation
or
Proceed directly to tribunal

Mediation is not the same as tribunal. It is a facilitated discussion between you and the local authority, led by an independent mediator.

It does not remove your right of appeal.

Why Mediation Often Feels Difficult

Families frequently tell us that mediation feels:

Rushed
Procedural
Intimidating
Unclear in purpose

Local authorities may repeat previous reasoning.

Parents may feel unprepared for structured discussion.

Without preparation, mediation can become a restatement of disagreement rather than a focused legal conversation.

Mediation is most effective when:

The issues are clearly defined
Evidence is organised
Legal thresholds are understood
Outcomes are realistic

What Strong Mediation Preparation Focuses On

Mediation is not about arguing.

It is about clarity.

Effective preparation includes:

Clear identification of the legal issue
(Section 36, Section 37, Section 42 or placement)

Evidence mapped to statutory thresholds

Understanding what the authority must demonstrate

Clear, realistic proposals

Defined outcomes if agreement is reached

Even if mediation does not resolve the matter, structured preparation strengthens your tribunal case.

How Little Nellies Supports You at This Stage

We provide structured SEND mediation support for families across England.

This may include:

Reviewing the decision letter

Clarifying your appeal grounds

Mapping evidence against statutory duties

Preparing a structured position statement

Identifying realistic negotiation points

Advising on when mediation may or may not be strategically helpful

Our approach is calm and strategic.

The aim is not confrontation — it is clarity.

Support is fixed-fee and stage-specific.

We work exclusively in EHCP and SEND advocacy in England.

What Happens Next?

If mediation results in agreement, the local authority must confirm changes in writing.

If mediation does not resolve the issue, you retain full appeal rights.

You may then need:

→ SEND Tribunal Preparation Support

You can also read the full process in our:

→ EHCP Guide

Father and daughter relaxing after EHCP Mediation with Little Nellie's

Frequently Asked Questions

No. You must contact a mediation adviser and obtain a mediation certificate before most appeals, but you are not required to participate in mediation itself.
No. Mediation does not remove your right of appeal. If agreement is not reached, you can proceed to tribunal.
If an agreement is reached, it should be confirmed in writing by the local authority. The terms agreed then become enforceable.
This depends on the case. In some situations, mediation can resolve issues quickly. In others, structured tribunal preparation may be more appropriate. Understanding your position first is key.
This stage is procedural - but it can influence what happens next.

Clear preparation reduces uncertainty.

If you want structured SEND mediation support aligned with statutory duties, we can help.