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                        "description": "Rotherham Borough Council (RBC) are running a single procurement process that will result in the commissioning of an impartial SEND Mediation and Disagreement Resolution Service.\n1The Children and Families Act 2014 (the \"Act\"), Chapter 6 sets out requirements regarding appeals, mediation and disagreement resolution for children and young people in England with special educational needs or disabilities (SEND).\nThe Act was followed by the Special Educational Needs and Disability Code of Practice 2015: 0 to 25 years.  This Statutory Code of Practice sets out the guidance for organisations who work with and support children and young people with special educational needs and disabilities explaining their duties and responsibilities under Part 3 of the Act, details of the legal requirements that must be followed without exception and statutory guidance that must be followed by law (unless there is a legitimate reason not to).  \nBoth the Act and Code of Practice outline: \n•\tEarly resolution of disagreements at a local level, \n•\tIndependent disagreement resolution arrangements which local authorities must make available for disagreements across special educational provision, \n•\tIndependent mediation arrangements which parents/carers and young people can use before deciding whether to appeal to the SEND First Tier Tribunal and for health and social care complaints in relation to Education, Health and Care Plans (EHCPs), \n•\tConditions for appealing to the Tribunal or making disability discrimination claims.\nIn addition, The Special Educational Needs and Disability Regulations 2014 set out in detail what is required by Local Authorities (LAs) for assessing the Education, Health and Care (EHC) needs of children and young people and, where necessary, drawing up EHC plans including the requirements regarding mediation and appeal.\nIn order to ensure strong quality standards the Service Provider must be a Registered Provider with the Civil Mediation Council and ensure that all Mediators are trained, qualified and experienced and must be included on the SEND Mediator Register.\nThe Service Provider must also provide a commitment to comply with any additional professional standards developed as a result of the SEND reforms.\nThe Service Provider will provide confidential, independent and impartial mediation advice and Mediation and Disagreement Resolution Service to Service Users within the Rotherham borough in order to assist the discharge of statutory obligations under the Act and the Code of Practice.\nThe Service Provider will ensure that the Service is:\n•\tIndependent, confidential and impartial to Service Users,\n•\tFlexible yet cost effective, enabling Service Users to access the Service they need, when they need it. This Service should be a hybrid model with online mediation as the default.\nIn providing the Service the Service Provider must ensure that it, and its staff:\n•\tAdhere to the agreed timetable throughout the process,\n•\tDemonstrate trauma-informed, parent-centered practice,\n•\tSeek feedback from Service Users to inform and influence service development as well as providing evidence of user satisfaction improvements,\n•\tTailor the Service to individual Service User needs and especially in reference to groups with protected characteristics as defined in the Equality Act 2010,\n•\tIs a Civil Mediation Council (CMC) registered Provider and\n•\tUse only Mediators registered with the CMC.\nThe current SEND reform programme and associated DfE policy development present a known risk which may necessitate future modifications of the contract. Whilst the final legislative and operational requirements are not yet fully defined, the reforms may result in changes to statutory mediation requirements, dispute resolution pathways, Individual Support Plan (ISP) arrangements, referral volumes, eligibility criteria, performance measures, reporting requirements, multi-agency working arrangements, and the respective responsibilities of Local Authorities, schools and health partners.\nConsequently, the Council may need to modify the contract during its term to reflect changes in legislation, statutory guidance, service delivery models, demand levels or commissioning requirements arising from the national SEND reform programme. Any modifications would be limited to those necessary to maintain statutory compliance, service continuity and effective delivery of the SEND Mediation and Disagreement Resolution Service.",
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                            "value": "The SEND Mediation and Disagreement Resolution Service is a statutory requirement under the Children and Families Act 2014 and the SEND Code of Practice 2015. The service provides impartial disagreement resolution and mediation services to support the resolution of disagreements between parents or young people and education providers, local authorities, or health commissioners around elements of an Education. Health and Care Plan.\nThe SEND Code of Practice states that mediation must be conducted by an independent service provider.  \nIn scope\n•\tDelivery of independent, impartial mediation covering disputes for children and young people aged 0 - 25 where families have a right to mediation under Chapter 11 of the SEND Code of Practice.\n•\tProvision of Disagreement Resolution for issues outside statutory mediation but still part of SEND processes (e.g., disagreements with schools or providers about SEN provision), as required by the SEND Code of Practice.\n•\tProviding legally required mediation information and advice to parents/young people prior to any potential mediation request.\n•\tProduction of a quarterly monitoring report to include thematic analysis and trends alongside specific KPIs\nOut of scope\n•\tAny sharing of opinion or involvement in decision-making (mediation services facilitate discussions)\n•\tAny legal or tribunal advocacy\n•\tAny casework, key-working or ongoing support\n•\tAny dispute outside of that governed by the Children and Families Act or SEND Code of Practice"
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