Disagreement Resolution
Our specialist services can be used by parents and carers of children with Additional Learning Needs and Young people who have additional learning needs. These services are free and independent of the Local Authority, and helps to resolve disputes between Parents and EY’s/schools/colleges/ or the Local Authority or between young people and a school /college or local authority.
Snap Cymru offers a comprehensive Disagreement Resolution Service specifically designed to support families in resolving disputes related to Additional Learning Needs (ALN) and Disability Discrimination in schools.
This service is available through our Specialist Casework Service as well as Formal Mediation. The form below should only be used for families who wish to proceed with formal mediation after having encountered challenges in resolving an ALN dispute with the Local Authority (LA). This process is typically pursued when no substantial progress has been made, and the next step would be to take the matter to the Education Tribunal for Wales. Alternatively, this form may also be used if an appeal has already been registered with the Tribunal.
For families seeking Dispute Resolution through our Specialist Casework Service, we invite you to contact our Helpline directly 0808 801 0608 or alternatively, you can complete the online ALN enquiry form on our contact us page.
Our dedicated team is here to guide and support you every step of the way, ensuring you have the resources and advice needed to address your concerns effectively.
Our Disagreement Resolution Services can help:
- Bring together the relevant parties; supporting the needs of the child and young person
- Help to achieve early and informal resolution of disagreements through discussion and agreement
- Make sure everyone is focussing on the child and young persons best interest and help find effective solutions as quickly as possible
- Explore rights and options
- Clarify information to resolve misunderstandings
- Help resolve disputes and agree future actions
- Prevent disputes from escalating
Specialist Casework support and formal Mediation can not only resolve these issues but also help restore or improve the relationship between parents and the local authority or school. Our staff are experts in ALN and have received accredited training in mediation. For more information see our ‘dispute resolution pages’.
To make a referral please complete the DRS form:
If you have questions, or need more information, you can scroll down to read through our frequently asked questions, we’ve covered many different topics to make things clear for everyone.
Help To Avoid Disagreements
How can SNAP Cymru help me to avoid disagreements about my child's additional learning needs?
SNAP Cymru is funded by most local authorities in Wales to provide a Family Partnership Service (FPS). FPS provide impartial, accurate and reliable information and support on all aspects of additional learning needs. We provide you with easily accessible information on all aspects of education, health and social care to help you make informed decisions. Our information is based on up to date local and national policies and legislation so you can be informed about your rights and responsibilities. We will discuss your concerns and help you explore options.
We have a range of leaflets, fact sheets, publications and other useful links that can be found on our advice page. If you can’t find what you are looking for then please contact us.
What types of disagreement can the service help with?
We can help to resolve many types of disagreement or prevent them from becoming more serious: i.e.
- Disagreements between Parents or Young People and the Local Authority, School, the Governing bodies and Maintained nursery schools, Early Years providers, Further Education
- Disagreements over Additional Learning Needs provision(ALN), assessments, the drawing up of plans, school placements tribunal appeals and complaints.
Can I get telephone or email advice to help avoid disagreements or stop them from escalating?
Yes, you can access specialist help from a trained advisor on our helpline, 0808 801 608 , Monday – Friday 9.30-4.30 or through our online ALN enquiry form on our contact page www.snapcymru.org/contact Our telephone service offers bilingual information and advice as well as referrals to our casework service where needed.
Can I get face to face support or help at meetings to help avoid disagreements?
In most areas of Wales SNAP Cymru service can help you with the following,
- Preparing for and attending meetings with schools, local authorities and other professionals
- Helping to write official letters and complete forms
- Explaining the meaning of official documents, processes or legislation
- Assist in the statutory assessment or IDP process
- Support the assessment and review process to help you understand how the decisions made were reached and explore whether any evidence is missing or hasn’t been taken account of
- Making referrals or signposting to the correct organisation or contact
- Supporting appeals
- Ongoing support if issues are difficult to solve
- Assist with the IDP process
What can I do first with my school or local authority?
Sometimes problems can be resolved by discussion and informal forms of dispute resolution. However, sometimes problems do not go away and parents of children with ALN and young people may need to take further action.
The first step to resolving disagreement is to talk to the other party. If you are concerned about the help that your child has at school, talk to their teacher, the Additional Learning needs Coordinator(ALNCO) or the Head teacher.
If you think the school is doing all it can, but your child needs even more help or you want the local authority to reconsider the matter you can ask the local authority for a further assessment of their needs.
SNAP Cymru can help you prepare for and attend a meeting, support you to write a letter or complete forms in relation to your concerns and talk to you about your next steps. You should call our helpline for advice 0808 801 0608
What can I do if I still have concerns?
Most disagreements can be sorted out by talking with the other party.
However, if your concerns have not been resolved at this stage or communications have broken down, there are other ways forward you can consider.
Using a disagreement resolution service allow concerns and issues to be raised and you can be confident your views and wishes are heard – this usually reduces the need to take a dispute to the tribunal.
The Welsh Government requires all local authorities to provide access to independent disagreement resolution to help when parents or young people cannot agree with the local authority or other providers about the Additional Learning Provision for a child or young person. Other providers include early year’s settings, schools, colleges and other post 16 provision.
The aim is to explore each party’s views and reach an agreement that is in the best interest of the child or young person.
“As a result of the disagreement resolution session, we received an amended draft as promised. My child now has a better statement recognising his complex needs. The service was effective and impartial.” – Parent
“Many thanks to our mediator; who facilitated fairly and independently!” – LA Officer
Disagreement Resolution
Do I have to use a disagreement resolution service?
No. Using the service is completely voluntary and all parties need to agree to participate; no one has to use it if they do not want to.
You can of course follow your school and local authorities complaints procedures and if you’ve exhausted this route you may be able to complain to the Public Service Ombudsman for Wales. In certain circumstances you can also make an appeal to the Educational Tribunal For Wales
What can disagreement resolution achieve?
Disagreement resolution can be can be used to resolve a wide range of disagreements, such as:
- A local authority’s refusal to reconsider a school based decision regarding an IDP
- Ceasing to maintain an IDP
- The content of your child’s IDP
- The type of school or educational setting proposed by the local authority
- The school named in the IDP;
- Prior to/alongside making an appeal to the Education Tribunal for Wales.
- Concerns regarding discrimination and failure to provide reasonable adjustments.
- Failure to provide assessments and services within the local authority
- Disagreement resolution can not only resolve these issues, but also provide the opportunity to restore or improve the relationship between parents and the local authority or school
The aim is always to consider the needs of the child or young person first, and to keep the focus on solutions to the important issues using an inclusive group approach.
Disagreement resolution - What should I expect?
Referrals can be made directly to the service by a parent/child/young person, schools or local authority.
Please use this form for formal mediation or contact 0808 801 0608
Please complete the ALN enquiry form on our contact page for Specialist Casework Support or contact 0808 801 0608
Once we are contacted for formal mediation:
- We will explain the mediation process to you in more detail. Then, with your agreement, we contact the other parties.
- We will gather and record background information – general information relating to the names of the parties, the child or young person involved and potential attendees
- We will record a brief background of your case including a list of issues and/or a chronology of the key events – and any agreements already offered
- We will explain the process to you , the possible outcomes and alternatives you may wish to follow if mediation isn’t suitable – and establish that both parties are willing to engage in the process
- We will ask what you would like to achieve within the process and explain what happens at a mediation meeting
- We will ask for agreement to arrange a joint meeting with those involved and talk to you about who should be at the meeting
- We will keep you informed of progress and ensure that the date and time for the meeting is convenient. We will arrange a neutral venue that is as central as possible for all parties.
Once we are contacted for Dispute Resolution Specialist Casework support
We will assign a dedicated specialist caseworker. Your caseworker will begin by thoroughly understanding your specific situation and the challenges you’re facing, and work with you step by step, helping to clarify your rights, identify potential solutions, and support you through each stage of the process. This may include assisting with paperwork, preparing for and attending meetings with you, and helping you navigate the often complex ALN system.
Your caseworker will also help you understand your options, whether that means seeking further negotiation with the LA, exploring means of resolving the dispute, or preparing for a potential tribunal hearing if dispute resolution doesn’t lead to a satisfactory resolution. Throughout this process, your caseworker will keep you informed, offering guidance on the best course of action and ensuring that you feel confident and supported in making decisions.
In addition to practical support, your caseworker will offer advice on how to present your case effectively, whether in meetings with the LA or in any legal proceedings, and ensure that you have all the information you need to advocate for the needs of your child. Our aim is to empower you, ensuring that you are well-prepared and equipped to navigate the dispute resolution process and achieve the best possible outcome.
What happens at a disagreement resolution meeting?
A disagreement resolution is not simply an informal discussion. It uses a structured approach that begins with exploratory work. The facilitator will talk to you to discuss the process before the meeting. they will also talk to the other party.
It DRS session will begin with the mediator clarifying each party’s understanding of the issues to explore what they both want to achieve through mediation. It will include looking at all of issues and at possible solutions.
The meeting will usually take 2-4 hours depending on complexity of the issues discussed.
At the meeting, the mediator will help everyone to:
- Explain and understand the issues
- Identify areas of agreement and disagreement
- Listen to the concerns of the other party
- Express their feelings and concerns about the situation and suggest their ideal solution
- Suggest other workable solutions and explore how practical these are
- Reach a solution that everyone can accept
- Draw up and sign a mediation agreement
“Wish I’d come to you sooner! All the stress and disagreement would have been resolved so much earlier. Everything was organised and facilitated expertly” Parent
Is SNAP Cymru's disagreement resolution service quality assured?
SNAP Cymru provides a quality assured, tried and tested service . This means that you can trust that our service is delivered to nationally recognised standards and in accordance with Welsh Government legislation and guidance. SNAP Cymru holds the Legal Aid Agencies Specialist Quality Mark for Education Advice.
SNAP Cymru is committed to promoting disagreement resolution and mediation as a real alternative to the excessive personal cost in stress, time and money caused by unnecessary legal action, lack of effective communication and unresolved conflict.
Established in 1986, our experienced mediators
- Work directly within the SEN/ALN legal framework and understand the complexity of the issues from the perspective of parents, the local authority and the school
- Have direct experience working with parents, schools, and professionals
- Have direct experience of appearing before the Special Educational Needs Tribunal for Wales and therefore have the required knowledge and expertise to effectively identify issues, needs and positions
- Have completed Mediation Training, Education Law training, Key Working and Solution Focused Interview training,
- Our mediators have received Equality and Diversity training and support the Welsh Government funded Front Line Discrimination Advice service
- Our mediators are independent, highly skilled and experienced professionals with a wealth of knowledge and expertise in Special Educational Needs
- All post holders are subject to a satisfactory Enhanced Disclosure and Barring Service Disclosure and undertake regular Safeguarding and Advocacy training
- SNAP Cymru approaches adheres to the European Code of Conduct for Mediators. We are committed to high quality internal standards and continuing personal development of our mediators.
What are the benefits of using disagreement resolution?
Disagreement Resolution can be quicker, less stressful and cheaper than going to tribunal, court or the Ombudsman.
Appealing to the Education Tribunal for Wales or to a court can be a costly, drawn out process and may result in strained relation between both parts and not always in the child’s interests.
Disagreement Resolution is less likely to be harmful to the long term relationship between you and your school or local authority
Appropriate support for your child can be put in place quicker following Disagreement Resolution and more creative or flexible packages of support can be agreed.
The outcome of Disagreement Resolution can often include an apology, an explanation or something that a Tribunal court does not have the power to order. Once a settlement has been reached, an agreement can be drawn up.
What issues can I use disagreement resolution services for?
Disagreement Resolution can be used to resolve a wide range of different types of disagreements, such as:
- Refusal to issue an IDP;
- Cessation of an IDP;
- The content of your child’s IDP;
- The type of school or educational setting proposed by the local authority;
- The school or educational setting named in the IDP;
- The delivery of the IDP’s contents;
- Prior to/alongside making an appeal to the Education Tribunal for Wales
- School based issue that cannot be remedied within the school processes
- Concerns regarding discrimination and failure to provide reasonable adjustments
Can I settle my ALN dispute without appealing?
Disagreement resolution can help. Whether you are already involved in an appeal, or thinking about making an appeal. It may help to settle your dispute quicker.
What is the role of a mediator?
The role of the mediator is to help both parties reach a solution to their problem and to arrive at an outcome that both parties are happy to accept.
The mediator remains neutral and completely impartial throughout the process. The focus of a mediation meeting is to reach a settlement agreeable to all parties in a case. this may mean agreeing a compromise
SNAP Cymru has 30 years’ experience in understanding of the SEN legal framework and its complex issues. All our mediators are trained and have direct experience of working in partnership with parents, schools and professionals.
Are SNAP Cymru mediators trained?
SNAP Cymru mediators are trained and receive nationally recognised and accredited level 4 mediation training.
They also received training in
- appeals and claims
- discrimination
- motivational interviewing
- solution focussed techniques
- specialist advocacy
- safeguarding
- education law
SNAP Cymru are holders of the Legal Aid Agencies Specialist Quality Mark for Education Advice which requires our staff to receive a minimum of 10 hours legal training each year.
We strongly believe that it is important for there to be a high level of expertise and specialist knowledge of Special Educational Needs/Additional Learning Needs to be effective as a mediator in this area.
Is there a cost to disagreement resolution?
No – there is no cost to the family or young person.
Who decides the outcome of a disagreement resolution session?
You and the local authority or school decide the outcome of the disagreement resolution session. The role of the mediator is to help you reach a solution to your problem and to arrive at an outcome that both parties are happy to accept.
Can I force the other party to participate?
No. Disagreement resolution is a voluntary process and therefore no party can be forced to attend.
However, the Tribunal can take a local authority’s unreasonable refusal to mediate into account. You can either request dispute resolution from the local authority or contact us requesting disagreement resolution and we will contact the other party.
How successful are disagreement resolution sessions in reaching a satisfying conclusion?
Success is not guaranteed, but the process does have a good percentage of success.
Even where agreement is not reached, many people find it a very useful process – they learn more about the other party and sometimes they are able to settle the dispute subsequently before going to tribunal.
Partial agreements can also be agreed.
Can I leave a disagreement resolution session?
Yes, at any time – although most mediators will ask you to wait a few minutes before you do so.
You can also take breaks and have separate sessions with the mediator prior to rejoining the face to face meeting.
What happens if there is no agreement at the end of the session?
Disagreement resolution is not suitable for every case, but it can still help to settle some of the issues in a dispute. At the very least, you are likely to have narrowed down the issues. Mediation can provide clarity so that less time is wasted if you ultimately have to go to tribunal or court. A disagreement resolution session can also come to partial agreements.
All discussions during the process are ‘without prejudice’ – in other words, anything said during a disagreement resolution session cannot be used later in court or another legal action.
I cannot be in the same room as the other party, can we still mediate?
Yes, it is possible to arrange a meeting without the parties actually meeting at all.
You should let the mediator know ahead of the disagreement resolution session that you do not wish to be in the same room as the other party. Sometimes, if this is the case, telephone mediation may be more appropriate. You can also use a form of shuttle mediation, where both parties are in the same venue but in separate rooms with the mediator ‘shuttling’ between both parties.
What happens if one party breaks the disagreement resolution agreement?
If both parties reach an agreement then the signed agreement will be morally binding.
If one party does not adhere to it, normally the mediator/specialist caseworker will re-engage to try to sort out any problems. In certain circumstances, you may have recourse to the complaints process or the Education Tribunal for Wales the Ombudsman or litigation.
By taking part in disagreement resolution, will I give up my right to other opportunities to remedy my dispute?
Parents and young People are free to appeal to the Education Tribunal for Wales (if they meet the criteria) at the same time as trying to resolve their dispute or after trying dispute resolution,
However, they are responsible for all correspondence with the Tribunal and meeting any deadlines and should be careful not to miss any deadlines (the Tribunal can advise you of the time-limits.) Should the dispute be settled at dispute resolution the parties need to inform the Tribunal immediately so the case can be closed.
You can still follow any complaints process open to you such as Local Authority complaints, Ombudsman complaint or Judicial Review all of which have their own time limits).
Disagreement Resolution: What is the difference between formal mediation and specialist casework?
The main difference between formal mediation and specialist casework lies in the approach and the level of support provided:
Formal Mediation:
- Purpose: Formal mediation is a structured process designed to help resolve disputes between families and Local Authorities (LA) regarding Additional Learning Needs (ALN). It involves an impartial mediator who facilitates a conversation between both parties to help them reach a mutually agreeable solution.
- Approach: The process is collaborative, with the mediator guiding both parties to discuss the issues at hand and find a resolution. It’s focused on negotiation and compromise.
- When Used: Formal mediation is typically used when previous attempts to resolve a dispute with the LA have not been successful, and the family is considering taking the issue to the Education Tribunal for Wales, or if an appeal has already been registered with the Tribunal.
- Outcome: The goal is to resolve the dispute without the need for a formal tribunal hearing, but if mediation fails, the case can be escalated to the Tribunal.
Specialist Casework:
- Purpose: Specialist casework offers in-depth support and guidance from a dedicated caseworker who helps families navigate complex issues related to ALN, education law, and processes with the LA. This service is more focused on providing individualised support tailored to the specific circumstances of the family.
- Approach: The specialist casework involves detailed support, including legal advice, help with paperwork, and personalised guidance through the ALN system. A specialist caseworker may help the family understand their rights, assist in preparing for meetings with the LA, and advise on the best course of action based on the family’s situation.
- When Used: Specialist casework is ideal for families who need ongoing, in-depth support throughout the dispute resolution process or for those who need assistance with understanding and navigating the system before considering formal mediation or a Tribunal case.
- Outcome: The goal is to help families resolve issues at any stage of the disagreement resolution process without the need for a tribunal hearing, but if disagreement resolution fails, the case can be escalated to the Tribunal.
In summary, formal mediation is a more structured, negotiation-based process aimed at resolving disputes directly, while specialist casework provides ongoing, comprehensive support throughout the disagreement resolution process, offering guidance and advice tailored to the family’s specific needs.