Disability Act 2005

Mediation.

19

19.—(1) The appeals officer may authorise such and so many members of his or her staff as he or she may determine (referred to in this Act as “mediation officers”) to perform the functions conferred on mediation officers by this section.

(2) If at any time after an appeal has been initiated under section 18 , the appeals officer is of opinion that the appeal could be resolved by mediation, he or she shall inform the person who initiates the appeal concerned of that opinion and, subject to subsection (3), refer the matter for mediation to a mediation officer.

(3) If an applicant objects to his or her appeal being dealt with by mediation, the appeals officer shall deal with the matter under section 18 .

(4) Mediation shall be conducted otherwise than in public.

(5) Where an appeal is resolved by mediation—

( a) the mediation officer concerned shall prepare a written record of the resolution arrived at, and

( b) the record aforesaid shall be signed by the applicant and the Executive and, if appropriate, the head of the education service provider concerned, or both of them, and a copy thereof shall be retained by the appeals officer and shall be sent to the applicant concerned and the Executive and, if appropriate, the assessment officer concerned, the liaison officer concerned and the head of the education service provider concerned.