SEN TRIBUNAL CASEWORK PACKAGE

It is important for local authorities to have access to effective and accessible legal support in order to prepare and defend appeals brought by parents to the Special Educational Needs and Disability Tribunal (SEN Tribunal).

Appeals to the SEN Tribunal are ‘sky rocketing’ and local authorities outcomes defending appeals are at an all time low. 99% of appeals are decided in favour of parents, carers and young people. It is time for a change of approach.

Parents do not “win” SEN Tribunals. Local authorities lose them for a wide range of reasons; poor initial decision making, lack of appropriate professional evidence, limited evidence from the educational setting and poor preparation prior to hearings.

We support local authorities to address all of these issues by providing a fully managed SEN Tribunal Service.

WHY DO YOU NEED OUR SEN TRIBUNAL CASEWORK PACKAGE

The SEN Tribunal outcomes for local authorities demonstrate that they are not managing the SEN Tribunal process effectively resulting in significant costs being expended, time wasted for all concerned and significant reputational damage for local authorities. It has reached the point where non-legally qualified and paid advocates are setting up practices and support networks across the country and are successfully challenging local authority decisions. This is not seen in any other legal discipline and highlights the vulnerability of local authorities in this sector.

We are experienced in all aspects of the SEN system. We have worked in depth with local authorities including with Pathfinders who were testing the Children and Families Act processes pre-2014. We have appeared successfully in the SEN Tribunal and the Upper Tier Tribunal. We have led the way in developing the law under the Children and Families Act as emphasised by our reported cases. We have also worked successfully with parents, carers and educational settings and are best placed to be able to provide advice and support.

We can help you to reduce appeals and avoid unnecessary confrontation with parents and carers. We will guide you on the law and practice so that you can make the best and legally correct decision from the outset. The result is that you are more likely to be able to defend appeals successfully or avoid them in the first place.

WHAT IS INCLUDED IN OUR SEN TRIBUNAL CASEWORK PACKAGE

We are able to manage all types of SEN Tribunal appeals, from refusal to assess cases to complex cases concerning residential placements or home programmes.

We are able to develop a process which is innovative, responsive, promotes collaboration with parents and at its core is designed to prevent SEN Tribunal appeals in the first place by promoting good decision making. We are your critical friend, which is something that internal legal teams struggle to be.

Under this package we will deliver in full or to your own individual requirements your SEN Tribunal Service. We can also deliver it a fraction of the cost of instructing your own internal legal teams. We can do this, because we control the process from start to finish, avoiding duplication of time and cost.

FEATURES OF OUR SEN TRIBUNAL CASEWORK PACKAGE

Our SEN Casework Package is created specifically for the individual local authority. The cost of our package depends on how many appeals you will expect us to manage. Usually, we work towards a certain limit, i.e. 100 appeals per year. We then fix the cost for you, which is payable in quarterly instalments. If we don’t reach this figure, then the number of cases unused are carried over into the next year at no additional cost.

However, the support includes the following as standard:

Full administration of SEN Tribunals from start to completion, which will include all liaison with schools, professionals, SEN Officers, parents, legal representatives and the Tribunal Service.
Appointing a dedicated contact for you.
Creating a dedicated email address for you to send queries to and to deal with all Tribunal administration.
All correspondence and personal information is managed in accordance with the Data Protection Act.
We will carry out all preparatory steps required to respond to the appeal. This will involve arranging pre-tribunal meetings, briefing witnesses, arranging further evidence, drafting submissions, preparation of the Tribunal bundle and all Tribunal related liaison.
Other than taking instructions throughout the period of the appeal, we require no support from the SEN Team, saving time and resources.
We will liaise closely with the SEN Team and SEN Management as required throughout the appeal process by attending weekly or monthly review meetings.
Providing representation at the Tribunal hearing and ensuring that all arrangements are made in advance to support witnesses who have been asked to attend.
Quarterly training for SEN officers and professionals.
Opportunities for SEN officers to shadow experienced solicitors at SEN Tribunal hearings.

WHY DO WE NEED THE SEN TRIBUNAL CASEWORK PACKAGE

SEN Tribunal outcomes demonstrate that local authorities are not managing the SEN Tribunal process effectively, at great cost financially and reputationally.
It has reached the point where non-legally qualified advocates are setting up across the country and are successfully challenging local authority decisions. This is not seen in any other legal discipline and highlights the vulnerability of local authorities.

ADVANTAGES OF OUR SEN TRIBUNAL CASEWORK PACKAGE

It takes away the burden of managing and staffing the appeals process.
It is managed by SEN specialists with a proven track record in the sector.
It allows the SEN Team to spend time working with families.
It is competively priced and is cheaper than the services offered by internal legal services.

COSTS OF OUR SEN TRIBUNAL CASEWORK PACKAGE

The cost of the package depends on the volume of SEN Tribunal appeals managed.
The costs are fixed.
There are no hidden costs.
Payable in quarterly instalments.

CASE STUDIES

We successfully defended an appeal where parents wanted an independent special school. The local authority offered a unit in a mainstream school. The Tribunal ruled in the local authority’s favour.
We successfully argued that a child’s needs could be met through a combined education/social care package. The parents’ request for an independent residential school was rejected by the Tribunal

CONTACT US

If you would like to discuss how the SEN Advisory Package may benefit your local authority please contact us directly.
For more information about our SEN services for local authorities please download our leaflet by clicking here.