In this blog post, Margaret Doyle explores how adopting mediation in complaints about social care can contribute to the much-needed reimagining of an area of life in which human rights are engaged and which is crucial to human flourishing.

The role of mediation in complaints about adult social care

‘The English system of social care—the poor relation to the NHS since 1948—is underfunded, unreformed and palpably inadequate at meeting the needs of an ageing population. This problem has worsened over a generation and has been dodged by both main parties, though the position has become particularly acute as a result of austerity.’

‘Beveridge at Eighty: Learning the Right Lessons’, Gavin Kelly and Nick Pearce

The Political Quarterly, 3 January 2023[1]

There has been a flurry of recent reports on social care reform in England in the face of continued inaction by the UK Government. Among these are ‘Care…

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…