Disagreement Resolution

[nellie]

Disagreement Resolution - Preventing and resolving disagreements.

 

This is a brief outline - See Code of Practice page 22, 23, 24 & 25 for full information.

 

The SEN and Disability Act 2001 placed a new duty on LEAs to set up 'disagreement resolution services' with a view to avoiding or resolving disagreements between authorities and /or schools and parents.

 

*A local education authority must make arrangements, that include the appointment of independent persons, with a view to avoiding or resolving disagreements between authorities and parents of children in their area about the way LEA?s and maintained schools carry out their responsibilities towards children with SEN.? (Section 332B, Education Act 1996).

 

*A local education authority must also make arrangements with a view to avoiding or resolving disagreements between parents and certain schools about the special education provision made for their child? (Section 328B, Education Act 1996)

 

All LEAs must provide disagreement resolution services. It is essential that parents are aware of the arrangements and when they can access them.

Using this service is voluntary and does not affect the parents right of appeal to the SEN Tribunal. Parents may access this service at any time during the SEN process. (Code of Practice 2.23 & 2.24).

 

The minimum standards for the disagreement resolution services are also provided in section 2.25 of the Code. They include the following:

The LEA

* Should ensure that the service is neutral and must involve an independent element.

* Must make the arrangements for disagreement resolution and how they will work known to parents, schools and other they consider appropriate.

* Must inform parents about the arrangements for disagreement resolution at the time a proposed statement or amended statement is issued, and that entering disagreement resolution does not affect their right of appeal to the SEN Tribunal .

* Should ensure that the independent persons appointed as facilitators have the appropriate skills, knowledge and expertise in disagreement resolution; and understanding of SEN process, procedures and legislation, have no role in the decisions taken about a particular case, nor any vested interest in the terms of the settlement; are unbiased; maintain confidentiality, carry out the process quickly and to the timetable decided by the parties.

* Should establish protocols and mechanisms for referring parents to disagreement resolution etc.

 

It is envisaged that a facilitator will bring together all of the parties in a non-threatening environment to seek to resolve the disagreement through discussion and negotiation. The facilitator is not there to determine the outcome. (Code of Practice 2.27)

 

The purpose of disagreement resolution is not to apportion blame but to achieve a solution to a difference of views in the best interest of the child. ( Code of Practice 2.27)

 

You should try involving Parent Partnership service, class teacher, SENCO, Head teacher and the LEA officer before requesting mediation or it may be refused until these have been tried.

Edited November 12, 2006 by nellie

[Helen]

My solicitor made a few attempts to have a disagreement resolution meeting with the LEA, but the LEA didn't agree to a meeting until it received a copy of my case Statement from the SEN tribunal.

 

A meeting was held at the end of last month in my solicitor's office. The solicitor, independent EP, LEA officer, the school's EP and myself were present - after three hours of debating over what ought to be included in the final Statement, we finally managed to verbally agree on 99% of the issues which were raised.

 

There was so much nit-picking over individual words within each sentence, it was incredible - everything had to be word perfect. Four sets of notes were taken and at the end of the meeting, the notes were read back to make sure that everyone had the same documented notes.

 

I would like to take this opportunity to acknowledge the LEA officer's willingness to accomodate my advocates, his efforts were very much appreciated.... Thank you Mr. P.

 

I'm very pleased to say, that this morning I received an amended final Statement which I'm happy with, so tomorrow I'm withdrawing my appeal from the SEN tribunal.

 

Helen

Edited August 23, 2004 by Helen

[nellie]

Helen,

 

This is brilliant news. You have put your all in to this, you should be incredibly proud, well done!!

 

Have a well earned rest.

 

 

Nellie.

[Gita]

Helen

 

Well done, you deserve it. A well deserved glass of wine and a hob nob are in order, I think.

 

Gita

[Helen]

Thank you Nellie and Gita,

 

All I have to do now is make sure that the school implements everything in Daniel's Statement - which is easier than it sounds.

 

Helen

[PinkSapphireAngel]

My LEA refused to assess my son (statutory assessment) and when I tried to find out about the Disagreement resolution service from my Parent Partnership and also my named casework officer dealing with my request I was told they did not know anything about it so have had to go straight to SENDIST tribunal which we are doing March 23rd!