Do we really have to do mediation before appealing?

This is the point that gets missed, and some councils let the confusion stand: you do NOT have to mediate. You only have to talk to a mediation adviser and get a certificate — a phone call — unless your appeal is about placement only.

Phrases to look for on your letter: “you must contact a mediation adviser” · “mediation certificate”

Why this is an appealable position

Before registering an appeal, the law requires you to have contacted a mediation adviser, who issues a certificate whether or not you proceed to mediation. Mediation itself is voluntary. It can be worthwhile — some councils concede there — but it is not a gate you must pass, and no one may make it one. Your Tribunal deadline is 2 months from the decision OR 1 month from the certificate, whichever is later, so the call can actually buy time.

Your position is strongest when

• Always — this page is the rule itself

Evidence to gather now

• The decision letter (for its date)
• The mediation certificate once issued (keep it — the Tribunal wants its date)

Your first move

Ring the mediation service named in your decision letter, say you want to discuss your options, and ask when you'll receive your certificate. Decide about actual mediation separately, without pressure.

Answer plain-English questions about the decision and your child, and get Tribunal-ready grounds in minutes — matched to the right HMCTS form, SEND35 or SEND35A.

Common questions

How does your council compare?

Refusal rates vary wildly between councils — England's average is 26.4%, but some councils refuse over 60% of assessment requests. Look up your council's refusal rate — it's context the Tribunal never sees but you should know, and free specialist advice is available from IPSEA (ipsea.org.uk).

Where these rules come from: Children and Families Act 2014, Part 3 · SEND Regulations 2014.