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.

I don't have an explicit post but a friend of mine pieced it all together from what he was saying.

Any chance of PMing me with her conclusions and what she based it on, Starlight?

Just very recently (ie last couple of weeks or so), this particular firm was involved in two important judgments from the Upper Tribunal. In the (incorrect) terms of "winners" and "losers", BS law firm "lost". And we now have some very important rulings about young people between ages 16-25 (where young disabled people have "won" their right to a future).

At the time, appropriately worded emails were sent to many (including to me) from the charity involved who acted for this young person. This was a highly professional press release with just fact and a direct link to the entire judgment. No gloating. Just professionalism. That is ethically and morally correct when talking about disabled children/young people.

I have seen at least one FB post linking this important ruling to BS's inappropriate tweets. I have no idea of the legal implications of that but some children's organisations/charities are now linking these two things together. Even if this is not yet BS intended with their highly offensive tweets, this is what is now happening

Latest summary:

www.legalcheek.com/2016/06/outrage-as-law-firm-takes-to-social-media-to-boast-of-great-win-over-parents/

It's hit the Law Society Gazette as well - www.lawgazette.co.uk/practice/law-firm-sorry-after-late-night-twitter-win-posts/5055805.article

Well let's hope this spells the end for Baker Small. He has shown himself to be an extremely arrogant person with limited judgment (and possibly an alcohol problem). Not someone most public bodies would want to be associated with, I'd have thought

If it does, I hope the trainees find someone to take them on

The trainees have been specially picked from LAs who like this kind of sport. I wouldn't feel too sorry for them.

It appears BS has got himself a PR event, where some top gal from an anti-ABA Autism org is going to meet him to explain his impact on families and no doubt 'smooth it all over' and report back that he was in tears having realised what he has done.....

Ok I won't worry too much then!

I am really cross about that meeting starlight, it's just not going to do anything other than make Mark Small look as if he is genuinely sorry. Which he isn't.
It's helping the spin.

Yes. I'm the only one questioning the meeting though

It's a PR stunt and even if it wasn't, it is incredibly misplaced, unless you have some true understanding of the issues, and few will unless they have been there.

I suggested the meeting person sent a pro-ABA person with her which got the reply: 'er no'.

I completely agree with you in this, I am reluctant to say too much on Twitter for fear of it looking like 'infighting' and detracting away from Mark Small.
I am very disappointed that people are almost collaberating with him in helping his PR.

Well you can't control people, only keep your own integrity.

The whole SEND debacle is full of opportunists that have sold out for a piece of the pie. The hope that this could be the end of some of that was probably too good to be true.

Tbf, I don't think that many people are collaborating with him. There's enough of a twitter storm from very angry parents who have seen this type of attitude directly in Tribunal for it to be anything but good PR. I notice that one council (Norfolk) is now responding to tweets. It'll be interesting to see if they take action against BS.

www.legalfutures.co.uk/latest-news/sra-investigate-law-firm-offensive-weekend-tweets-sen-parents

Herts CC have said that they have already called the Partners for an investigation and they're being called into County Hall.
The contract with them was about to be re-let but in the light of this they're opening up the full procurement process, and consideration is being given to any remaining cases which involve this firm.

Go Hertfordshire!

The charitable donation thing seems a bit like trying to buy his way out of this mess. Why a children's hospice anyway? Why not something to do with autism?

Go Hertfordshire?

LOL, - yes I guess so!

They're words I never thought I would ever type, Starlight!

The employees working on ongoing cases with Baker Smith could well be covered by TUPE regulations if a council chose to give the contract to someone else.

They would pretty much have to be solely working on cases for that LA though.

Where have they said that though Heli?

It is a strange world when we say go Hertfordshire!! Never thought I'd hear that! I long had the suspicion that BS were involved in one of my two tribunals. Thanks to the twitter storm, I've now checked "my" LA's website and have found that there was a small amount (hundreds, not thousands) paid to BS exactly during the month when my LA was at its nastiest and was using bully-boy tactic (and also legally incorrect - as upheld by a SEND judge). Fortunately can't find anymore invoices to BS. I think BS's methods were too unpalatable even for "my" county. (Next door to Herts )

If I know Herts, the opening up will be more about ticking boxes, and they will still continue to employ BS, but it is something.

There's no positive spin that come out of this for BS.

It's like being caught with your pants down urinating outside a school.

It looks bad from every angle.

Not least the drunken gobshite sharing too much info angle