Mark Small

Director

Solicitor-Advocate (Civil Proceedings)

(LLB (Hons), Dip.L.G)

mark@sen4you.co.uk
Linkedin

Mark qualified as a solicitor in September 2005 and as a Solicitor-Advocate in August 2011. Mark qualified as a Civil and Commercial Mediator in March 2018 and has undertaken over 500 SEN mediations since that time. He has extensive experience of the SEN system. 

Mark is a solicitor-advocate and has considerable experience of both the private and public sector having represented individuals and a wide range of organisations in a range of legal disputes.

Mark has worked inhouse for a number of local authorities throughout his career where he managed a number of education law teams. In these roles Mark developed the legal services offered for schools and internal clients. As a result, Mark was nominated for the Local Government Young Solicitor of the Year on two separate occasions. Mark has obtained the Law Society’s accredited Diploma in Local Government Law and passed with Distinction the Institute of Leadership and Management’s Diploma in Management (Level 5)

Mark advises on all areas of education, litigation, public law and employment law and regularly handles a range of matters including:

  • Applications for judicial review against schools and local authorities
  • Disputes concerning Special Educational Needs and disability discrimination.
  • SEN Appeals in the First Tier Tribunal.
  • SEN Appeals in the Upper Tier Tribunal.
  • Children out of education.
  • Whole school issues such as exclusions from school, admissions disputes and complaints.
  • Governance issues including school expansions and Academy start up.
  • Litigation in the County Court, claims in the Employment Tribunal and the Appeals Tribunal.
  • Training on the SEN system for local authorities and organisations.

Mark’s knowledge of SEND is extensive and has covered a wide spectrum including work for parents, voluntary organisations, local authorities, schools, health and social care bodes and professionals. Mark’s work is equally diverse and has included general advisory support, advocacy, training and representation before Courts and Tribunals.

Reported Cases

Mark’s reported legal cases emphasise the firms significant presence in the field of public law and in particular SEN and disability. A number of important precedents have been established highlighting the firm as a leading presence in the area:

SJ v Worcestershire County Council [2012] UKUT 451 (AAC) (20 November 2012)
CW v Hertfordshire County Council [2013] UKUT 90 (AAC) (07 February 2013)
Davies & Bowie v Gloucestershire County Council [2013] UKUT 0112 (AAC)
Buckinghamshire County Council v ST [2013] UKUT 468 (AAC)
Buckinghamshire County Council v HW [2013] UKUT 0470 (AAC)
Worcestershire County Council v JJ (SEN) [2014] UKUT 0406 (AAC)
LW v Norfolk County Council [2015] (SEN) UKUT 0065 (AAC)
KC v LB Hammersmith and Fulham (SEN) [2015] UKUT 0177 AAC
MA v Borough of Kensington and Chelsea (SEN) [2015] UKUT 0186 (AAC)
Cambridgeshire County Council v SF (SEN) [2015] UKUT 0231 (AAC)
Royal Borough of Kensington and Chelsea v CD [2015] UKUT 396 (AAC)
Hammersmith & Fulham LBC v L, Hammersmith & Fulham LBC v F, O v Lancashire CC, H v Lancashire CC [2015] UKUT 0523 (AAC)
P v Worcestershire County Council (SEN) [2016] UKUT 0120 (AAC)
R (Y) v London Borough of Croydon [2016] 138 QBD London Borough of Croydon v LE (SEN) [2016] HS/2365/2015
London Borough of Hillingdon v WW [2016] UKUT 0253 (AAC)
Buckinghamshire County Council v SJ [2016] UKUT 0254 (AAC)
Cambridgeshire County Council v FL-J [2016] UKUT 225 (AAC)
C & S v Worcestershire County Council [2016] UKUT 0267 (AAC)
Hertfordshire County Council v (1) MC, (2) KC (SEN) [2016] UKUT 0385 (AAC)
SC and MS v Worcestershire County Council [2016] UKUT 267 (AAC)
A v Durham County Council [2016] HS/231/2016
London Borough of Hillingdon v AG (SEN) (Special educational needs – special educational provision – naming school) [2017] UKUT 508 (AAC) (4 January 2017)
S v Worcestershire County Council [2017] UKUT 0092
Gloucestershire County Council v E (SEN) [2017] UKUT 0085
CG v Proprietor of NHS [UKUT] 319 (AAC) [2017]
The Royal Borough of Kensington and Chelsea v GG (SEN) [2017] UKUT 141 (AAC)
London Borough of Hillingdon v SS and TS and ES (SEN) (Special educational needs – special educational provision – naming school or other institution in EHC plan) [2017] UKUT 250 (AAC) (12 June 2017)
Nottinghamshire County Council v SF and GD (SEN) [2019] UKUT 243 (AAC) (13 August 2019)
JI and SP v Hertforshire County Council (SEN)[2020] UKUT 200 (AAC) (17 June 2020)
PM v Worcestershire County Council [2022] UKUT 53 (AAC)(16)
London Borough of Camden v KT: [2023] UKUT 225 (AAC)
HXN, R (On the Application Of) v London Borough of Redbridge [2024] EWHC 443 (Admin)

Interests

In his spare time you may find Mark at Ashton Gate watching his beloved Bristol City or following his other passion, military history. Mark is a keen collector of WWII aviation art and in particular the works of Robert Taylor. Mark has written a dissertation on the Vietnam War and the efficacy of Strategic Bombing in WW2. He has recently taken up an interest in miniature war gaming and is regularly messy from painting!