For those facing BakerSmall or at risk of it in the future, SOSSEN have published this advice:
www.facebook.com/SOSSpecialEducationalNeeds/posts/806979176105068
We have been asked to advise parents with ongoing appeals where their LAs are still being represented by Baker Small since they are unhappy about facing a representative of an organisation which is capable of producing the tweets they sent last weekend.
As parents, you do not have the right to dictate which solicitors your LA chooses, but you can obviously make representations about this not least as your Council Tax is being used for the purpose. We would therefore suggest that parents and carers affected write directly to the relevant caseworker at the LA, copying in the Head of SEN, stating their views about the prospect of any information or documents about their child going to Baker Small or anyone employed or subcontracted by them, asking that they should have no involvement in their children's cases, and asking them to confirm that (where relevant) they will retrieve all documents from them and arrange for any document sent electronically to them to be permanently deleted
Anyone in the LA areas concerned who is lodging a new appeal should include a request that the LA are not represented by Baker Small in light of their behaviour and the major stress it would cause you to know that your child's confidential information is being handled by a firm which has displayed the attitudes in question and which is prepared to use social media to poke fun at parents such as you.
For those already involved in appeals, the important issue is fairness, and your ability to present your case or give evidence properly and without unnecessary stress If you believe that that will not be possible if your opponents are from this firm, we would suggest lodging a Request for Changes asking that the LA be directed to make alternative arrangements (e.g. having their case presented by their own officers, or instructing a barrister) because their involvement will prejudice your right to a fair hearing. You should give details of how this is affecting you. Refer to the fact that Baker Small has shown itself to have a highly inappropriate attitude to the families of disabled children, particularly those appealing to the tribunal, and that no-one can be satisfied that they will not feel it appropriate to publish similar comments on social media about your case. The fact that they may not name anyone, as was the case last weekend, makes no difference to parents who know that it is their case the firm is writing about. It is reasonable to point out that they did not apparently have full regard to their LA clients' confidentiality rights when they tweeted and therefore you are not satisfied they would preserve your children's confidentiality. If it is the case that the prospect of dealing with members of Baker Small, or of their having continued access to information about your children is causing you so much stress that it affects your ability to prepare and present your case, or to give evidence, then say so. It will then be a matter for the Tribunal Judge's discretion.
We also suggest that parents and carers should additionally make urgent representations to their local councillors, the Leader of the Council, their MP and the SEN department at the Department for Education. Also contact other senior officials within the council such as the heads of SEN and the Education Department, and the Chief Executive.