Instructing Lawyer and Advocate re: EHCP content?

[Fulltank17]

Hello everyone,

Is it possible/advisable to instruct both an advocate AND a lawyer to represent us and give advice regarding challenging local authority over child's EHCP content? Not sure if it'd be a case of conflicting advice and case of 'too many cooks spoiling the broth', not to mention the cost. Many thanks.

I wouldn’t advise it. As you mentioned, the cost alone is a good enough reason not to. Some also wouldn’t take you on if you had other representation. I’m not sure why you would want to either (unless you were e.g. talking about them representing you at different points in the process. And even then, if possible, it would be better to stick to the same person).

Thank you. That makes sense. Just unsure whether an advocate would be as effective as a lawyer. From what I've found doing some (limited) research, advocates have a tendency to negotiate with the local authority; albeit it with some success, whilst lawyers just follow the necessary processes ie threaten with judicial review immediately, rather than waste time negotiating. Am unsure which way to go tbh.

The route for challenging the content of the EHCP is to appeal to SENDIST. JR isn’t (in the vast, vast majority of cases. There is a very, very small minority of cases where it is sometimes possible.) the route for resolving disagreements about the content of the EHCP.

Lawyers can and do negotiate. But that doesn’t mean allowing the LA to act as they please. One can negotiate and enforce rights.

If you use an advocate, you should choose carefully. It is an unregulated business. Some are good, but some are poor and can do more harm than good.

I agree, some advocates seem to have an axe of their own to grind with LAs and can be spectacularly unhelpful. Try to get personal recommendations if you can.