Disagreement Resolution in Action

The Legal Requirement

The provision of a Disagreement Resolution Service by every Children’s Services Authority (Local Authority) was introduced through the revision of the SEN Code of Practice in 2001 and the introduction of the SEN & Disability Act (SENDA) 2001. SEN CoP 2:24)

This places a legal duty on every Local Authority to provide an impartial service for parents, the Local Authority and/or Schools to explore opportunities of reaching an informal resolution to disagreements or disputes about the Identification, Assessment or provision of special or additional educational needs for pupils residing within that area.

How Does it Work?
If, at any time, there is a disagreement or dispute between parents and the Local Authority or the child’s School, over the identification, assessment or provision of Special or Additional Educational Needs, then a request for a Disagreement Resolution meeting can be made or suggested by any of the parties involved.

Following such a request being made, the Local Authority will ensure that everyone involved knows that it is a voluntary undertaking and any outcome agreements are not legally binding.

If it is decided to go ahead with a meeting, a referral will be made, giving background details of the case, by the DRS Liaison officer from the Local Authority, who will contact those involved and ensure that any involvement is on a voluntary undertaking and that full information about the process is made available.

The Liaison Officer will then pass on details of the case to an independent mediation trained DRS facilitator. All details provided will remain confidential within the Disagreement Resolution Service.

Within as sort a period of time as possible, arrangements will be made by the DRS Facilitator to contact those involved in order to obtain any additional information that may be required and to provide an opportunity for any anxieties to be resolved about the process.

Meetings will be arranged to take place in local ‘neutral’ locations at times mutually convenient to those involved.

Meetings can result in a full resolution, a partial resolution or with no resolution being found.

If further meetings are required (for additional information to be obtained or additional witnesses to be requested to attend) then these will be arranged as quickly as possible.

Whatever the agreed decision reached, an outcome statement will be produced by the DRS Facilitator and copies will be sent to those involved with voluntary Service evaluation questionnaires to monitor service delivery.

If I agree to a Disagreement Resolution meeting will this stop an application to the SEN Tribunal Service?
No.

SENDIS Tribunals are not replaced by the Disagreement Resolution meetings.  All DRS meetings are however recommended to be concluded before the start of any SEN Tribunal hearing.

DRS is in addition to the SENDIS Tribunal and can sometimes bring about a solution to a disagreement, making the need for a Tribunal hearing unnecessary.

If you have any concerns or questions contact the Parent Partnership Service or the SEN & Disability Tribunal Service

Will the facilitator make a decision about the case?
No. The facilitator does not make any decisions or judgements about the case being discussed but will seek to enable those involved to resolve the disagreement informally by mutuaI agreement.

Normally only one meeting will be required but in some cases, a number of meetings may be required to reach a conclusion.

Even if no agreement is reached. both parties involved will receive a written account of the meetings held.

When does DRS become an option and how?
In the majority of cases, it will be the Local Authority that offers to refer for Disagreement Resolution.

What happens after a case goes to resolution?
From wherever a request is received- parent, school or Local Authority (LA), the referral to the DRS is made by the Authorities 'Referral Agent'. once all parties agree to that course of action being taken. From that point the DRS will contact those involved and arrange to obtain information they require.

Meetings between the parties seeking resolution will be arranged to take place locally by mutual agreement.

If you require any further information about Disagreement Resolution in Oldham you can contact: