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Change 1
As published
55 Mediation
(1) This section applies where a child's parent or young person intends to appeal to the First-tier Tribunal under section 51 or regulations made under that section in respect of—
(a) a decision of a local authority, or
(b) the content of an EHC plan maintained by a local authority.
(2) But this section does not apply in respect of an appeal concerning only—
(a) the school or other institution named in an EHC plan;
(b) the type of school or other institution specified in an EHC plan;
(c) the fact that an EHC plan does not name a school or other institution.
(3) The parent or young person may make the appeal only if a mediation adviser has issued a certificate to him or her under subsection (4) or (5).
(4) A mediation adviser must issue a certificate under this subsection to the parent or young person if—
(a) the adviser has provided him or her with information and advice about pursuing mediation under section 53 or 54, and
(b) the parent or young person has informed the adviser that he or she does not wish to pursue mediation.
(5) A mediation adviser must issue a certificate under this subsection to the parent or young person if the adviser has provided him or her with information and advice about pursuing mediation under section 53 or 54, and the parent or young person has—
(a) informed the adviser that he or she wishes to pursue mediation under the appropriate section, and
(b) participated in such mediation.
Your change, as a redline
55 Mediation
(1) This section applies where a child's parent or young person intends to appeal to the First-tier Tribunal under section 51 or regulations made under that section in respect of—
(a) a decision of a local authority, or
(b) the content of an EHC plan maintained by a local authority.
(2) But this section does not apply in respect of an appeal concerning only—
(a) the school or other institution named in an EHC plan;
(b) the type of school or other institution specified in an EHC plan;
(c) the fact that an EHC plan does not name a school or other institution.
(3) The parent or young person may make the appeal only if a mediation adviser has issued a certificate to him or her under subsection (4) or (5).
(4) A mediation adviser must issue a certificate under this subsection to the parent or young person if—
(a) the adviser has provided him or her with information and advice about pursuing mediation under section 53 or 54, and
(b) the parent or young person has informed the adviser that he or she does not wish to pursue mediation.
(5) A mediation adviser must issue a certificate under this subsection to the parent or young person if the adviser has provided him or her with information and advice about pursuing mediation under section 53 or 54, and the parent or young person has—
(a) informed the adviser that he or she wishes to pursue mediation under the appropriate section, and
(b) participated in such mediation.
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