Is this appropriate conduct for solicitors?

[AugustaFinkNottle]

A solicitors' firm which acts for councils in special educational needs tribunals has tweeted the following:

"Great ABA Trib win this week ... interesting to see how parents continue to persist with it. Funny thing is parents think they won ;)"

I can't link to it due to having been blocked but it's been retweeted, e.g here.

The original tweet resulted in numerous complaints and a quick change to the tweet.

The case they're triumphalising about will have involved a disabled child. Lovely.

user, comments about the size of his penis come within the category of what was described in one of the first cases on libel as "vulgar abuse" and it is well established that that isn't libellous.

Has anyone suggested threats are acceptable? What do you think the appropriate reaction to that is? Is it (a) to tell the police; or (b) to go on twitter and start sneering at parents of disabled children?

I don't think he's explained why he forgot to mention that alleged threat until more than two days after he started apologising, has he?

Quite, Augusta.

User, I'm thinking you probably don't have a child for whom you've had to fight tooth and nail just for them to have a suitable education.

user that is ONE post you refer to on an open PUBLIC forum and doesn't prove anything about parents of disabled children.

He needs to go to the police if that has happened to him and let them look at all the evidence.

Good morning Mr. Small. Not surprised you're up early. Can't sleep?

user I can't speak for people on this thread, but given he was complaining of threatening tweets, which were found to be fabricated, his cry of wolf leads to doubt over the genuine nature of the email.

Also, when you're in a public-facing job, you get 'the public' which contains all sorts of bizarre behaviours. That's the job. People get one-off threats simply for saying there are no milkshakes today in McDonalds. It's not nice but it doesn't justify then going outside and ridiculing a homeless person. He was supposed to uphold professional standards.

The thing is, those tweets just don't read like the reaction of someone who is scared or angry because his wife and daughter have been threatened. They read like the reaction of someone who is enjoying himself baiting people.

'Proving Small is right'? How do you come to that conclusion? Right to laugh at a family with a disabled child? Really?

user if you are in any way connected to Baker Small you should say so.

user

Please can you point out any comment which is libellous? I cannot see anything but then I'm not a lawyer just a parent. If anything is libellous then please report the post to MNHQ.

You are quite right about personal comments. Which is why if you look at the comments from the majority of us both here and on Twitter, we have not tweeted/commented in a personal manner whatsoever.

With regards to threats to his family. You are correct - this is intolerable and unacceptable. But fgs he is a professional solicitor! He should have reported it to the relevant authorities eg shown this alleged email to the police. The LBC interviewer pointed out that she too receives threats but would not react as he did.

As ppl have pointed out on this thread, he claimed "red mist descended" but the timeline of his own tweeting does not agree with this.

He also engaged with many of us on this thread for many years previously with similar tweets to this weekend. Just this time he did it once too often and possibly because he's got away with it in the past and also had one too many, he was even more indiscreet and his true feelings came through.

His inappropriate tweets, his subsequent action when he tried to cover up the tweets and, of course, his track-record of tactics used on parents going through tribunal is why there has been such a massive backlash against him and his firm.
It is also why LAs are very publicly distancing themselves from him.

This has just been in my local news. Apparently they have apologised and made a donation to charity. Well that's alright then

Its just shocking that any right minded person, never mind a professional, would think it was ok to say/tweet such things.

user giving you the benefit of the doubt her and assuming you are not Mr Small -
He would (or should) know, as a solicitor, that regardless of any email he had received, sending out such tweets was utterly indefensible. His tweets are a clear breach of the conduct rules.

Many senior professionals will sadly sometimes get a nasty or threatening email - responding with publicly gloating and disparaging tweets about a case involving a vulnerable child is not an acceptable or measured response

As I said previously, it is shameful that some lawyers are defending him user including you.
He wouldn't return the favour I am sure.

He was so scared that he posted a photo of his swimming pool .

Agreeing with everyone saying that threats to the solicitor and his family are appalling but there are avenues for dealing with that.

You don't go onto Twitter and abuse all other parents trying desperately to get the right education for their children. That suggests an arrogant and gloating attitude. Evidently he doesn't have children with poorly met educational needs.

I am a lawyer and there's nothing libellous. Would be great if you could sue for someone saying you weren't all that well endowed. Can you imagine how disclosure would go?

This threatening email has only just been mentioned. If someone threatened my daughter then I'd either ignore it or call the police. I would not embark on a rambling and offensive 24 hour Tweetathon.

Morning Mark. Bad week in the office?

For the avoidance of doubt, these tweets were part of MS's "red mist"

user isn't Mark but I do wonder why she doesn't get involved in Twitter, she is quite capable of asking these questions on there or doing a bit of basic research.

I don't have a screen shot of his reply to someone who told him they were complaining to the SRA. Perhaps someone could supply that screenshot?

Again, all part of this "red mist"

Yes, he sounds terrified of the madeup email.

This firm represented the LA for my son's SENDIST and I have appeared as an expert witness speech and language therapist against them in many tribunals all over the UK. The LAs absolutely knew what they were doing and how the firm operated to bully both parents and the LA staff that appear as witnesses. However much the LAs paid the firm they perceived that they saved money on provision and the disabled child was the last consideration. I am sure it will be debated by all the parents and professionals that come to my SEN Conference tomorrow in London. These indiscreet tweets may be a gift for the SEN community at getting the whole issue debated.

So this is my tentative timeline of his tweets (if I've missed any, please post)

1. Friday 10 June - 21:37: Great ABA Trib win this week...interesting to see how parents continue to persist with it. Funny thing is parents think they won ;)

2. Then when someone rebuked him for the ABA tweet, his response was “Whenever someone thinks they have won and they have conceded 90% of their case, it does make me smile.” (I can't see the date stamp on this one but persume it's Friday evening)

3. Saturday 11 June: In response to the tweet "In passing, I note that @bakersmall are having a bad night on Twitter. I hope the LAs that commision them will think twice". He responded at 3:51pm with "what from the mob LOL! Please sticks and stones and all that LOL!

4. Saturday 11 June - 19:14: "Crickey had a great "win" last week which sent some parents into a storm! It is always a great win when the other side thinks they've win!"

5. Saturday 11 June - 22:03: - the cat tweet

6. Saturday 11 June - 22:36: "When parental solicitors champion their "win" they are lauded on twitter. Double standards I'm afraid"

7. Saturday 11 June - 22:52: - the swimming pool tweet

I know I've missed at least one tweet - I think when someone told him they were going to report him to the SRA. I've also yet to start on the tweets on Sunday morning when he inferred that it was an underling that had done it.

This is one hell of a red-mist because of an alleged threatening email!

It would be fantastic if any lawyers on this thread also complained to the SRA - he has breached their Code of Conduct. I know many parents have already emailed in their complaint to the SRA. But it would help considerably if lawyers from other practice areas join in this condemnation of this unprofessional man.

Some of the tweets from lawyers supporting Mark Small. The one from Fiona is not obviously, she is doing a great job on there as a lawyer and mum to DC with SEN.

There's also one which said something like "angry tweets and reports to the SRA- the world of SEN" or similar. Did anyone screenshot that?
My report is mostly ready but it would be good to have all the tweets