SEND reforms: Mandatory mediation in administrative justice

The newly published and long-awaited SEND Green Paper proposes ‘strengthening redress’, including making mediation mandatory in appeals of local authority decisions on special educational needs and disabilities (SEND). This post explores why this proposal should be a concern to all those involved in administrative justice.

Background

Special educational needs and disabilities, known as SEND in England, is an area often described as a battleground and a crisis. It has been the subject of inquiries by the Commons Education Select Committee and investigations by the Children’s Commissioner (most recently a study of education, health and care plans) and the Local Government and Social Care Ombudsman. It has seen major legislative change, most recently with the Children and Families Act 2014. It is now facing more change following a review carried out by the Department for Education, published on 29 March 2022 as…