Why use a Solicitor?

The great strength of the SEND Tribunals from parents point of view is that they are independent judicial bodies, which means equally independent of both LEA’s and parents alike. The SEND Tribunal is not bound by the LEA’s policies, or the LEA’s previous decision making.

In any appeal there are two opposing views, each side is an argument, and either may succeed.
Parents are concerned by the prospect of an unequal contest between themselves and the LEA. That on the day of the Hearing the LEA will attend with their officers and professional experts many of whom are likely to have previous experience at Tribunals. Parents are concerned that without comparable experience and expertise parents will risk being painted as "Mum and Dad who won’t accept" their child’s needs aren’t quite as special as they like to think.

If your review of your child is disputed by the LEA, and quite often, your child’s school, and the Local NHS Trust Therapist will all be against you, you legally will need to back up your position with evidence from Independent Professional Experts. Any parent who can afford good independent advice will be well advised to obtain it. SEN Legal can advise you about the evidence you have already obtained, and maintains a database of suitably qualified and experienced experts for clients.
It is also important to identify the relevant points of law which support your case. There are also important tactical considerations.

Some charities provide representation, which is likely to be a person with knowledge and experience of Tribunals but may not be legally qualified. Alternatively, you may find yourself with a young solicitor, with little experience in this field, doing "pro bono" (free) work in order to obtain hours of advocacy experience, for professional reasons. Helplines are often jammed, as can be expected with a free service.

Do I need a solicitor? A lot depends on you. Help for your child even in a mainstream school costs money, special schools or independent schools cost more. If you were seriously injured you would use a solicitor. Your child deserves the same legal help. The question has much the same answer as "would I install my own central heating/fix my car" Some parents feel they don’t have the necessary skills, others feel they don’t have the time and have too much to do with juggling every day life without taking on an appeal as well, and others are just so angry with their LEA that they don’t have the necessary objectivity and detachment. This is a specialist area of law requiring the knowledge and expertise of specialist legal advisors. If you are choosing a solicitor bear in mind, that solicitors now a days tend to specialise. Lawyers practising in this field are normally members of the Education Law Association (ELAS) and The Education Law Practitioners Association (ELPA) SEN Legal are members of both and Melinda is also trustee of a number of Education Charities.