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Tez

Mediation again!

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Had a phone call from the mediator today. He's seeing both us and the LEA separately a week on Tuesday and then arranging a meeting for us all to meet together. But.....this mediation is supposed to be about the LEA's refusal to specify and quantify details in A's statement, so basically the disagreement is between us and the LEA. We have said that the current tuition being provided is inadequate and does not comply with the EP advice. The LEA used their tribunal case statement to tell us they were aiming for reintegration into school, although the statement calls for home tuition with mainstream schooling only being used where A's needs could not be met in any other way and not at all until both we, A and his doctors agree. The mediator and the LEA want to turn it into a major meeting involving connexions, the home tuition service, A's registered school and the LEA.

 

Initially I agree to this thinking maybe we could get something sorted about A's tuition, but I'm beginning to have misgivings. Why do all these people need to be present at a mediation meeting over the LEA's refusal to quantify provision? I know I don't have to agree to anything and can carry on and go to tribunal but is this normal? I really get the feeling I'm going to be railroaded and it will be me against them. The mediator kept telling me how lucky I am to be under my LEA, how they're really fair unlike the neighbouring one and how my statementing officer is really reasonable.

 

So, do I carry on and allow this large meeting to be arranged or do I voice my doubts to the mediator when I see him Tuesday week and see why it is necessary. Anyone any experience?

Edited by Tez

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Hunny you are clearly not happy and if you feel they are trying to railroad you or gang up on you then I would say take your chances at tribunal.

 

Taking it that far might get it across better how serious you are.

 

I really hope you get what you need

 

Wonder if I am under your neighbouring LEA lol

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Had a phone call from the mediator today.

 

The mediator kept telling me how lucky I am to be under my LEA, how they're really fair unlike the neighbouring one and how my statementing officer is really reasonable.

 

So, do I carry on and allow this large meeting to be arranged or do I voice my doubts to the mediator when I see him Tuesday week and see why it is necessary. Anyone any experience?

 

This is probably a thick question but what defines a mediator? Our LA offered us independent mediation for our parental complaint to a governing body that went pear shaped, and its the ed. social worker manager doing it, our mediation is suddenly a "School attendance meeting" Also our "independent investigating officer" is very obviously not "independent" to the extent that his report can be retyped by the LA (apparently just to tidy up spelling mistakes and cos he cant count up to 10 attachments in the first version).

 

Does "mediator" and "independent" mean something different to anyone elses LA? Or are we just the lucky ones? :lol:

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Sue This mediator is not directly employed by the LEA but is employed by the Regional mediation service. However, it is funded by the local regional SEN partnership, so a bit like Parent partnership how independent can they be when they are funded by the LEAs themselves.

 

All the mediators are SEN trained and are fully up to date on the law and code of practice, all are members of professional bodies (but what professional bodies is not clear). They could well be EPs or similar employed within the regional LEA grouping that finances the service. Your comments about what your meeting was is exactly what is worrying me. On the other hand, I can see that having these people present may make it possible to toss around ideas and come up with a way of providing the tuition that the LEA seems to be struggling to provide.

Edited by Tez

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Sue This mediator is not directly employed by the LEA but is employed by the Regional mediation service. However, it is funded by the local regional SEN partnership, so a bit like Parent partnership how independent can they be when they are funded by the LEAs themselves.

 

All the mediators are SEN trained and are fully up to date on the law and code of practice, all are members of professional bodies (but what professional bodies is not clear). They could well be EPs or similar employed within the regional LEA grouping that finances the service. Your comments about what your meeting was is exactly what is worrying me. On the other hand, I can see that having these people present may make it possible to toss around ideas and come up with a way of providing the tuition that the LEA seems to be struggling to provide.

 

Ours is different then, as its not SEN related. Our "independent investigating officer" came round to interview us, with a business card saying he was independent etc, talked about a case for another LA he was currently working on, full of mediation c*ap. Lets just say that the first "independent" report we got from the LA referred to documents that weren't there, and there was a document enclosed not referred to in the text. One numbered paragraph was missing, it was unsigned, and the first page didn't mention us by name at all. We were sent it with instructions not to discuss it with the other parties prior to a panel meeting, which could take some time because of synchronising of diaries. Buried. Except we'd pulled the kids out of school, and to get them back they had to produce a panel. Suddenly we got another report "tidied up" by the Local Authority renumbering the paragraphs and documents. Caused a row at the start of panel, but he said that it was normal for the LA to tidy up his reports. Lets just say that we have found out a thing or two that are going to prompt a few enquiries about just how "independent" he is.

 

But "mediation" and "independent" are dirty words in this house at the moment :lol:

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I think mediation shows willingness to talk and be "reasonable", which may be a point in your favour as far a future tribunal panel is concerned. The danger is agreeing to something you don't want, however if you go along prepared and are absolutely clear what you are prepared to accept, you won't be railroaded although I expect it will be stressful. Take notes and don't agree to anything until you've checked it out with IPSEA or similar.

 

K x

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they are trying to make you back down - that is also the purpose of sendist being so expensive and drawn out - to exhaust parents into quitting - dont give up!

 

we all know how hard they make it for us - be strong! we are behind you!

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SENDIST is expensive for LEAs but they seem more than hapy to go there again and again anyway.

 

It is exhausing and stressful for parents though.

You can appeal to SENDIST while trying to talk to the LEA and if its successful you can widthdraw your SENDIST appeal at anytime!

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