If you are only appealing Part I of the EHC plan on the placement named or the type of provision named, you can go straight to tribunal, and you do not legally have to hold mediation or obtain a mediation certificate, but you have the right to request mediation if you felt this would resolve concerns.
If you are challenging other parts of the EHC Plan Sections B & F you will be required to contact the mediation service for a certificate or to arrange mediation.
Mediation can be a quicker option to try and resolve the concerns.
Nearly all case for transfer placement appeals do not get heard by the tribunal before the start of the school year which would mean the young person or child would have to legally start the school being named on the EHC Plan whilst the appeal is taking place.
The main argument is on why the current school named, is not suitable to meet needs. This would be the argument that the tribunal will want to see.
The second argument is why the school you have chosen can meet the needs however the judge will not be able to name the schools direct but can instruct the local authority to find a more suitable school then current school being named.
Please note that when appealing for a school (Part I) it is not about the best provision to meet needs but about the provision necessary to meet needs
Below are our RIASS Placement Appeal Pack documents that will help you start your appeal.