Review Of Arrangements For Disagreement Resolution (Send)

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Mairi Ann Cullen led the research team that reviewed the Dispute Settlement Agreements (AEPs). She is a Senior Research Fellow at the Centre for Educational Development, Appraisal and Research (CEDAR), University of Warwick. Review of dispute resolution procedures for special educational needs and disabilities (SEND) and the government`s response. The Children and Families Act 2014 requires a review of dispute resolution arrangements. The review is jointly managed by the Ministry of Education and the Ministry of Justice and will begin in April 2015. Following the revision of dispute settlement agreements in 2017, Mott MacDonald, The Ministry of Education, has commissioned, as part of the Delivering Better Outcomes Together (DBOT) consortium, to develop and publish a guide for young people aged 16 to 25 on how to address special educational needs and disability disagreements (SEND). Mott MacDonald worked with a number of organizations and groups, including our YOUTH group FLARE, to develop the guide. An external advisory group was established in support of the review, co-chaired by the DfE and the MOJ, under the following mandate: mediation is not subject to other forms of dispute resolution. In particular, it is not a factual or legal procedure, and the Ombudsman does not have the authority to make decisions for the parties on the issues that arise. Mediation can solve problems successfully on time and is an improved process and experience for parents and youth. Mediation can lead to a resolution of a dispute without having to go to court. From 1 September 2014, new mediation agreements will be made available to parents and young people subject to the new EHC needs analysis and plan system.

The new intermediation agreements do not apply to those who still have SEN or LDA declarations. Many differences of opinion can be resolved through interviews with the provider, school, university or local authority in the first year or for the health services of the Clinical Commissioning Group. At its first meeting at the end of the year, the group is expected to discuss the exact scope of the review and how to manage the pilot project. www.gov.uk/government/publications/send-disagreement-resolution-arrangements-in-england-review It can sometimes be difficult to reach an agreement, so each local authority must make arrangements both to resolve disputes and for placement services (see Chapter 11, Chapter 11) These services are free, confidential, non-professional and accessible to parents of children with special educational needs. Residents of Cheshire East who wish to participate in disagreement or mediation on education and social assistance should contact The Together Trust Mediation and Disagreement Resolution Services (DRS), which are independent services designed to help resolve disputes over the provision of children/adolescents aged 0 to 25 with SEND.

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