Barristers

[robintungate]

Hi there

 

I wondered whether anyone has been to SENDIST or an appeals hearing and encountered a barrister acting on behalf of the school.

 

How did it go?

 

Was it difficult or easier than you thought?

[teachermum1]

I haven't, but hear that it's most common in potentially high cost cases e.g. for v expensive private schools. The DD ones are less likely to have a legal rep for the school because, sadly, even if the school lose, the only compensation they will have to give is an apology/ reinstatement/ staff training, so it doesn't cost them much if they win or lose, so they don't seem to bother paying out for a legal rep!

[robintungate]

I haven't, but hear that it's most common in potentially high cost cases e.g. for v expensive private schools. The DD ones are less likely to have a legal rep for the school because, sadly, even if the school lose, the only compensation they will have to give is an apology/ reinstatement/ staff training, so it doesn't cost them much if they win or lose, so they don't seem to bother paying out for a legal rep!

 

Maybe there are high stakes at my son's former school as they are using a solicitor and a barrister. Maybe it's potential C&D issues at the heart of this or possibly they need the best legal defence becuase they have a weak case.

 

[stressedmumto2]

In my 1st tribunal I jsut had a solicitor as did the local authority, 2nd tribunal barrister and solicitor was present from my side and local authority side, solicitor also attended annual review both sides. We have a big case requiring more specialist independant school and it's been going on for a while.

 

I think when parents are requesting more specialist placement local authoritys want to build a strong case as do parents hence why barristers are used.

[Kathryn]

Employing a barrister is not always the best way to fight a tribunal. The presence of a barrister usually ups the hostility level and this is at odds with the purpose and conduct of the tribunal. Tribunal panels are disposed to be kinder to parents who are representing themselves, and often give barristers a hard time if they try to proceed as though they are in court, and if they don't know their stuff, they will come unstuck. Sometimes a well trained and experienced volunteer who knows SEN law inside out is more effective (and cheaper!) than a barrister who has very little expertise in this particular area of work.

 

K x

 

 

[madme]

As a lawyer myself and being married to a barrister I suppose I have a vested interest. I should add that neither of us practise in this area.

 

When instructing a barrister it is vital to only instruct one who is experienced in that area. It is easy enough to find out who is. I agree that it can be counter productive to have barristers present. At our SENDIST the Lea used a barrister but he had clearly not read the bundle.

 

Something that people often dont know but quite a lot of barristers take instructions direct which means that you don't have to employ a solicitor and this can be a huge costs saving.

 

The main point is to know what you are saying about each point and to be able to point to the relevant evidence.

 

Good luck

[lynne]

 

 

 

 

The people on the panel for Sendist are fantastic. We represented ourselves against the LEA solicitor and won. (No previousl experience)

 

The solicitor advised the school, teacher, governor but actually done very little talking herself. I think mainly because eveything they said I came back with a counter argument and documented evidence that back up what I was saying.

 

All the evidence for the tribunal is made known to all parties way before the hearing. You can add last minute evidence but it may not be granted.

 

Its about knowing your child the facts and what will, will not suit them. But having the evidence to back it up.

 

 

My friend employed a barrister who won her case yet it put her in a large amount of debt (that they could not afford) So you need to consider this.

 

 

[Kathryn]

The people on the panel for Sendist are fantastic. We represented ourselves against the LEA solicitor and won. (No previousl experience)

 

A fantastic result, and it shows that parents can do it on their own and it isn't always necessary to have representation on the day in order to present a good case. Parents are still their child's best advocates as no one knows the child like they do. Even without having direct representation on the day, it's still a huge help to have someone objective to help prepare for a hearing and go through all the paperwork as it's tough to focus on the relevant facts and the legal issues when you're emotionally involved.

 

K x