To think parents of SN children should automatically get legal aid?

[SquarePegInACircularHole]

We have spent years fighting the system for support for our SN child. It is a complicated system to navigate and is literally a baptism by fire (well in DS’s case anyway). The local council will try every trick in the book to get out of their responsibilities and avoid extra funding IME and many other families I’ve spoken to, while parents are already in a stressful situation trying to deal with challenges at home.

I was recently quoted upwards of £10k by a specialist solicitor to assist with a SN Tribunal including professional reports which are needed for evidence.

Seriously! Many parents of SN children have to give up careers or can’t work due to the needs of the child, not being able to get wraparound school care, especially with teens etc. So it’s only well off families who can actually afford to fight for proper provision for their children while poorer families are left hanging with little support and much worse outcomes for their DC as usual!

We can now get legal aid as DS is an adult so he’s entitled to it in his own right but if we’d had it about 5 years ago when he was still a child. we may not have been in the situation we’re in now!

AIBU?

I've heard SOS SEN say that sometimes they would rather be up against a barrister in a tribunal than a local authority officer - because the barrister knows the law, will usually advise their clients not to pursue stupid points, and has to follow professional conduct standards. Sadly you can't assume that any of that will apply to LA employees, some of whom can be quite unscrupulous or just plain aggressive.

Tbh I think it would be a bit sad if money was available for legal aid rather than actual support and resourcing for SEN. I understand your sentiment but it seems a bit misguided.

Yeah. We'd also prefer the money to go on provision rather than lawyers.

If the local authorities were allocating the money for the support then people wouldn't need to go to court, would they?

We don't do it for shits and giggles. We do it because they are failing to meet their legal obligations to our children. If they did that then there would be no need for anyone to be asking for legal aid.

The system is rubbish, there needs to be personal responsibility in the LA's for provision not being made, plans porley wrote and the multitude of other failings when it comes to SEND. I think parents should get legal aid and the LA's should have to reimburse it if they lose..