Questions raised about independence of SEND mediation services commissioned by councils, says Education Committee

In February 2026, the Government announced proposals for reform of the SEND system alongside the Schools White Paper.

As part of its ongoing work on SEND, the Education Select Committee held a one-off oral evidence session on 14 April with a range of stakeholders.

In a letter to Minister Gould, sent last week (28 April), Education Committee Chair Helen Hayes MP said: “During the evidence session, witnesses expressed broad support for the ambition of the proposed [SEND] reforms.

“[…] The Committee shares the witnesses’ welcome of the Department’s investment in training for teachers and school staff. Evidence to the Committee highlighted the need for training in autism, neurodivergence, speech, language and communication needs, and social, emotional and mental health to be prioritised in particular.”

However, the committee said it heard concerns across the sector about proposed changes to accountability arrangements.

In February, the Government set out an increased role for mediation of disputes about special educational needs, with the SEND Tribunal remaining “as a genuine last resort” but no longer with the power to name the placement for the child.

On this, Hayes said: “We believe that a reformed system can, over time, reduce the number of cases going to tribunal, but that the ability for parents and carers to go to the Tribunal is a vital part of rebuilding trust and confidence in the system.

“Evidence also indicated that many schools may lack the capacity to manage complaints relating to individual support plans. Mediation was often described as ineffective and insufficiently trusted by both families and service providers, with parents finding the process particularly stressful and questions were raised about the genuine independence of mediation services commissioned by local authorities.”

The letter continued: “The Government has not clarified how the Tribunal will function as an effective safeguard if its powers are weakened and we heard concerns about proposals to remove the Tribunal’s ability to name a setting. Can the Department provide detailed clarification on how parents will retain access to genuinely independent and binding accountability mechanisms under the reformed system? […] How will local authorities be expected to revisit decisions on support and school places referred back to them by the Tribunal?”

Finally, the Committee observed that its ‘Solving the SEND Crisis’ report recommended extending the powers of the Ombudsman to cover complaints relating to the delivery of EHC plans, SEN support and inclusive education across schools, multi-academy trusts and other settings. However, the proposal has not been taken forward as part of the reforms to date.

In a separate letter, the Committee urged the Government to respond in full to the ‘Solving the SEND crisis’ report, criticising the “continued delay”.

Lottie Winson