The Special Educational Needs and Disability Regulations 2014

Mediation – health care issues

35.—(1) This regulation applies where a parent or young person has informed the local authority that he or she wishes to pursue mediation and the mediation issues relate solely or in part to the healthcare provision specified in the EHC plan, or the fact that no health care or no health care of a particular kind is specified in the EHC plan.

(2) The local authority must, within 3 working days, from the date of being informed that the child’s parent or the young person wishes to pursue mediation, notify each relevant commissioning body of—

(a) the mediation issues; and

(b) where the mediation issues are, or include, the fact that no health care provision, or no health care provision of a particular kind, is specified in the EHC plan, the health care provision that the child’s parent or young person has informed the local authority he or she wishes to be specified in the plan.

(3) Where the mediation issues relate solely to health care provision, the responsible commissioning body (or, where there is more than one, the responsible commissioning bodies acting jointly) must arrange for mediation between it (or them) and the child’s parent or young person within 30 days from the date on which it (or they) receive notification from the local authority under paragraph (2).

(4) Where the mediation issues do not relate solely to health care provision, the local authority must arrange for mediation between it, each responsible commissioning body and the parent or young person within 30 days from the date on which it was informed by the parent or young person that he or she wished to pursue mediation.