header-logo header-logo

Home Login E-newsletter About us

The role of lawyers in mediation: whose child is it anyway?

© Copyright LexisNexis 2026. All Rights Reserved.
06 August 2021 / Bryan Clark
Issue: 7944 / Categories: Features , Procedure & practice , Mediation , ADR
printer mail-detail
54502
Post-Kumar, Bryan Clark considers the use of legal representation within mediation when individuals are pitted against institutions
  • The right of a parent in to be represented in an additional support needs mediation by a lawyer under the Children and Families Act.
  • Pros and cons of involving lawyers in mediation.

The case of Kumar v London Borough of Hillingdon [2020] EWHC 3326 (admin), [2020] All ER (D) 34 (Dec) entailed a judicial review brought by Kumar against her local authority. The matter at hand concerned the use of mediation in the Special Education Needs (SEN) context under the Children and Families Act 2014 (CFA 2014). The particular issue in question was whether the local authority had acted lawfully in refusing Kumar’s request to be represented in the mediation by a solicitor. While this case represents an interesting exercise in statutory interpretation it also holds a wider resonance about the utility of legal representation within mediation.

Facts of the case

Kumar’s son,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Read All
Sponsored by
Clarke Willmott—Declan Goodwin & Elinor Owen

Clarke Willmott—Declan Goodwin & Elinor Owen

Corporate and commercial teams in Cardiff boosted by dual partner hire

Hill Dickinson—Joz Coetzer & Marc Naidoo

Hill Dickinson—Joz Coetzer & Marc Naidoo

London hires to lead UK launch of international finance team

Switalskis—11 promotions

Switalskis—11 promotions

Firm marks start of year with firmwide promotions round

NEWS
Read All
NLJ this week: Game on as AI reshapes sport
Artificial intelligence (AI) is rapidly transforming sport, from recruitment and training to officiating and fan engagement. Writing in NLJ this week, Professor Dr Ian Blackshaw of Valloni Attorneys at Law explains how AI now influences everything from injury prevention to tactical decisions, with clubs using tools such as ‘TacticAI’ to gain competitive edges
NLJ this week: Stuck in the past?
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
Land tenure revolution begins
Property lawyers have given a cautious welcome to the government’s landmark Bill capping ground rents at £250, banning new leasehold properties and making it easier for leaseholders to switch to commonhold
Can more courts, fewer juries make a difference?
Four Nightingale courts are to be made permanent, as justice ministers continue to grapple with the record-level Crown Court backlog
Judiciary sets out diversity goals
The judiciary has set itself a trio of objectives and a trio of focus areas for the next five years, in its Judicial Diversity and Inclusion Strategy 2026-2030
Copyright © 2026 LexisNexis
back-to-top-scroll