Academy SEN Admissions Dispute Resolution Project

This is a mediation service for the resolution of disputes between Academy Principals and Local Education Authorities regarding naming in Statements of Special Educational Needs.

The Department for Education & Skills has launched a three-stage dispute resolution project to assist in those situations where an Academy and a Local Education Authority have failed to reach agreement over the naming of the Academy in a Statement of Special Educational Needs.

This mediation service represents the second stage of the new process:

• In stage one, Academy Principals are offered independent advice from an expert consultancy, Cambridge Education. The role of the consultants is to offer a range of advice and support to the decision-making process at the Academy. A separate leaflet is available to describe how this service works.
• Stage two, this mediation service, is available for those more difficult cases where the introduction of a third party neutral may assist in bringing negotiations to a satisfactory conclusion.
• If cases remain unresolved, stage three of the process will involve a final and binding determination by the Secretary of State.

How much will a mediation cost?
There will be no charge to either Academies or LEAs as the cost of this mediation service will be borne by the DfES.

Where do mediations take place?
Generally two or three rooms are needed so that the mediator can speak privately with each of the parties as necessary during the course of the mediation. Hopefully either the Academy or LEA involved in any particular dispute will be able to provide the necessary facilities, including refreshments, as this will avoid the cost of having to hire a neutral venue.

Who attends the mediation?
It is essential that both the Academy and the LEA are represented by individuals who have the authority to make agreements on the issues at hand without having to refer back to colleagues.

In certain instances it may also be appropriate for parents/carers to attend the mediation -- and again they must have authority to settle the dispute.

All parties are encouraged to bring a colleague or supporter to the mediation session. Where a consultant from the stage 1 process has been working with an Academy it may be appropriate for them to attend the mediation. Formal legal representation of any party is, however, unlikely to be necessary.

Accessing the service
Only an Academy Principal can initiate the mediation service. Referrals can be made by telephone, e-mail or letter. Once we have received a referral, one of our trained Client Advisors will make contact with each of the parties to check that everyone is prepared to participate in mediation, and to discuss practical details such as timing and venue.

The Adviser will then work with the parties to identify a suitable mediator, and will also prepare a formal mediation agreement that everyone will be asked to sign to confirm their agreement to the confidentiality of the mediation process.

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