Disagreement resolution

Disagreement resolution is to help four types of disagreement or to prevent them from escalating.

These are disagreements between:

  1. Parents, carers or young people and the Local Authority, the governing bodies of maintained schools and maintained nursery schools, early years providers, FE Institutions or the proprietors of academies in respect of how they are undertaking their education, health and care duties for children and young people
  2. Parents, carers or young people and early years providers, schools or post-16 institutions regarding the special educational provision they make for a child or young person
  3. Parents/carers or young people and CCGs or Local Authorities regarding the health or social care provision during:

    • EHC Needs Assessments
    • Whilst EHC plans are being produced
    • Whilst EHC plans are being reviewed
    • When children or young people are being reassessed

  4. Local Authorities and Health Commissioning bodies during:

    • EHC Needs Assessments or reassessments
    • Drawing up of EHC Plans
    • Reviews of EHC Plans for children and young people with SEN

Disagreement resolution can also be used to resolve disagreements concerning special educational provision:

  • Throughout assessments
  • The drawing up of EHC Plans whilst waiting for Tribunal appeals
  • At review
  • During reassessments

A decision by parents, carers or young people not to use disagreement resolution service has no effect on their right to appeal to the Tribunal.

There is no requirement for parents, carers or young people to have accessed disagreement resolution service prior to using other complaints procedures

disagreement resolution service can be used before, at the same time or after using complaint processes

Going to either mediation or disagreement resolution does not prevent a parent, carer or young person following the complaints process for either body

Disagreement resolution arrangements cover all children and young people with SEN regardless of whether they or not they are being assessed for or have an EHC plan.  Disagreement resolution covers a range of disagreements and is available to parents, carers and young people regarding:

  • The performance of duties
  • Any aspect of SEN provision
  • Health and social care disagreements during the processes related to an EHC needs assessment

How does disagreement resolution work?

  1. Information regarding Disagreement Resolution Services (DRS) will be included with the local authority letter sent to parents, carers or the young person acknowledging the receipt of a request for statutory assessment
  2. Informal support in resolving disagreements can be obtained through the local information, advice and support service – SENDIASS Leicester
  3. Formal DRS are provided by KIDS and The Together Trust.  Information regarding formal disagreement resolution can be provided by SENDIASS
  4. Following a request for formal disagreement resolution you will receive a telephone conversation from the preferred DRS provider to discuss the disagreement/issue that needs help to be resolved.  This will include taking a brief case history to enable the DRS provider to understand the needs of the child or young person and agree the focus of the meeting and who should attend
  5. The DRS provider will then contact the relevant parties and ask if they would be willing to take part.  If everyone agrees, a date and time for a meeting will be identified together with a neutral venue that is as central as possible for all parties
  6. The DRS provider will contact all parties in the week prior to the meeting to have a confidential discussion regarding their position, what they would like the meeting to achieve and any concerns. It will also include an overview of the meeting
  7. Following the meeting an Outcome Statement will be provided outlining the discussion and listing the agreed actions.  Those involved in the meeting will be asked to sign the Outcome Statement as an accurate record of the meeting.  A copy of the Outcomes Statement will be sent to you
  8. If agreement to proceed is not reached, all parties are informed at which point the DRS provider will cease to be involved
  9. Disagreement resolution is free to parents, carers and young people