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Legal Aid Reprieve for SEN?

3 replies

Agnesdipesto · 22/06/2011 20:39

Well it seems that cases involving SEN can keep legal aid under the proposed Legal Aid, Sentencing and Punishment of Offenders Bill - its taken away legal aid for all other education issues eg negligence, exclusions etc etc but anything under Part 4 Education Act 1996 (statementing basically)seems intact. Its not clear but it might even change to be in the name of the child not the parent so we would all get legal aid to challenge statements - still doesn't cover representation at Tribunal, just preparation, except looks like you might get advocacy at the Upper Tribunal if you have to appeal the first Tribunal

So why does this make me uneasy that they are going to hit us with something really nasty in the SEN White Paper? They wouldn't be making a concession unless they were going to claw it back somewhere else would they? Perhaps Part 4 of the Education Act will just disappear.
I am almost excited at the idea of getting expert reports on legal aid next time we have to go to tribunal.

OP posts:
StarChartEsq · 22/06/2011 20:57

Aren't they simply going to get rid of statements though?

Agnesdipesto · 22/06/2011 21:35

Well yes thats what I am thinking - will they say compulsory mediation but you get legal advice first

OP posts:
Starchart · 22/06/2011 21:41

Who's going to cover the cost of compulsory mediation anyway? Charities?

Who is the mediation process for?

Not sure whether you got wind yet but we're appealing our proposed ammended statement and are boarding the tribunal bus again.

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