SEND21 Mediation Certificate: SEND Tribunal Guide UK
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If you are a parent, carer or young person wanting to challenge a local authority decision about special educational needs, you will likely come across Form SEND21 at some point. It is the mediation certificate that confirms you have considered mediation before lodging an appeal with the First-tier Tribunal (Special Educational Needs and Disability).
The rules around this step can feel confusing, especially when you are already dealing with the stress of disagreeing with a local authority over an EHC plan or placement. This guide walks you through what the certificate is, when it is needed, how mediation fits into the wider SEND appeal process, and what happens if mediation does not resolve matters.
I have written it in plain English so you can focus on what actually matters: getting the right support in place for the child or young person involved.
What this document is
Form SEND21 is the mediation certificate issued by a mediation adviser after a parent or young person has contacted them about a disagreement with a local authority over special educational needs provision. In most cases you cannot appeal to the SEND Tribunal without first obtaining this certificate, because the Children and Families Act 2014 requires parents and young people to consider mediation before starting tribunal proceedings.
The certificate does not mean you have gone through mediation. It simply confirms you have had the required conversation with a mediation adviser about whether mediation might help. If you decide to try mediation, the certificate is issued once the mediation has taken place or the option has been explored.
If you decide mediation is not for you, the adviser still issues the certificate so you can proceed to lodge an appeal. The certificate is then submitted alongside your tribunal appeal form to show you have complied with the pre-appeal requirement.
How to use this document
- Receive the local authority decision. Before anything else, you need a formal decision from the local authority that you disagree with. This could be a refusal to carry out an EHC needs assessment, a refusal to issue an EHC plan, the content of a finalised EHC plan, or a decision to cease maintaining a plan. The decision letter should set out your right to appeal and mention mediation.
- Contact a mediation adviser. Within two months of the decision, contact the mediation adviser named in your decision letter. This is a free service. You will have a conversation about the disagreement, what mediation involves, and whether it might help resolve things. This step is a legal prerequisite for most SEND appeals, even if you have already decided you want to go straight to tribunal.
- Decide whether to mediate. After speaking with the adviser, you choose whether to proceed with mediation or not. If you agree to mediate, the local authority is legally required to take part. Mediation usually happens within 30 days. If you decline, the adviser will issue your Form SEND21 certificate without mediation taking place, and you can move straight to appeal.
- Obtain the SEND21 certificate. The mediation adviser issues the certificate once mediation has concluded or you have confirmed you do not want to mediate. Keep the certificate safe. You will need to submit it with your tribunal appeal. Without it, the tribunal will generally reject your appeal as not meeting the pre-appeal requirements.
- Lodge your appeal with the SEND Tribunal. Submit your appeal to the First-tier Tribunal (SEND) using the appropriate appeal form, enclosing your SEND21 certificate and a copy of the decision you are challenging. The standard deadline is two months from the date of the local authority decision, or one month from the date on the mediation certificate, whichever is later.
Common questions
Q Do I always need a SEND21 certificate before appealing?
In most SEND appeals you do, but there are limited exceptions. If your appeal is only about which school or other institution is named in the EHC plan, or about the type of placement, you do not need to contact a mediation adviser first. For disputes about whether to assess, whether to issue a plan, the description of needs, or the provision specified, the certificate is generally required before you can lodge an appeal.
Q Is there a cost for getting the SEND21 certificate?
No. The mediation adviser service and the issuing of the certificate are free to parents and young people. Local authorities are required to arrange and fund mediation under the Children and Families Act 2014. You should not be charged for contacting the adviser, attending mediation, or receiving your certificate. If anyone asks you to pay for these specific services, check the details before proceeding.
Q How long does mediation take?
Once you confirm you want to mediate, the local authority must arrange the session within 30 days. The mediation itself is usually a single meeting lasting a few hours, though the exact format depends on the mediator and the issues involved. Sessions can be held in person or remotely. If agreement is reached, any actions are usually recorded in writing. If not, the adviser issues your certificate so you can proceed to tribunal.
Q What happens if I miss the two-month appeal deadline?
The tribunal can sometimes accept late appeals if there is a good reason, but this is at the tribunal's discretion and is not guaranteed. If you have engaged with mediation, the deadline is extended to one month from the date on your SEND21 certificate, which often gives you extra time. If you think you may miss the deadline, it is worth acting quickly and explaining your circumstances clearly when submitting your appeal.
Q Can I bring someone to the mediation session?
Yes. You can bring a friend, family member, advocate, or representative to support you. Some parents bring someone from a local SEND information and advice service (SENDIAS), which offers free impartial support. Legal representation is allowed but not required, and many mediations proceed without it. The aim of the session is constructive discussion rather than formal legal argument, so informal support is often more useful.
Q What if the local authority does not stick to what was agreed at mediation?
Any agreement reached at mediation should be recorded and acted on. If the local authority fails to follow through, you may be able to return to the process or, in some cases, still appeal to the tribunal within the original time limits. You can also make a formal complaint to the local authority or, if the issue is not resolved, the Local Government and Social Care Ombudsman. Keep written records of what was agreed.
Q Does mediation replace the tribunal?
No. Mediation is an alternative route that can resolve disagreements faster and less formally, but it does not replace your right to appeal. If mediation does not produce an outcome you can accept, your SEND21 certificate allows you to lodge a tribunal appeal. Many families use mediation first and only go to tribunal if issues remain unresolved. The two processes sit alongside each other within the overall SEND dispute framework.
Sources
This guide is based on primary UK law and official guidance.
- LegislationChildren and Families Act 2014 (Part 3)legislation.gov.uk
- Guidance · UK GovAppeal a special educational needs decision (gov.uk)gov.uk
- Guidance · HMCTSFirst-tier Tribunal (Special Educational Needs and Disability)gov.uk
- Guidance · UK GovSEND code of practice: 0 to 25 yearsgov.uk
Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.