IASS Bromley Tribunal support
Who we are and what we do
The Information, Advice & Support Service (IASS) Bromley aims to empower parents/carers and children & young people to make informed decisions based on the impartial information the service provides them with.
The role of IASS Bromley is to encourage joint working between parents, children, young people, the Local Authority, educational settings and voluntary bodies in identifying, assessing and making provision for pupils with SEND. Working together at an early stage to explain and clarify issues can often prevent misunderstandings or disagreements and stop matters escalating. When a disagreement can’t be resolved, it may be necessary to consider a more formal route such as disagreement resolution, Mediation and/or appealing to the SEND Tribunal (SENDIST).
IASS staff receive legal training and qualifications appropriate to our role via IPSEA but we are not legally qualified in SEND law. IPSEA is a registered charity which provides basic legal training to all IAS services nationally.
What you can expect from us
Where a parent or a young person wishes to make a formal appeal to SENDIST, IASS Bromley can advise and support them through the process by:
- Providing information about the SEND Tribunal Process
- Giving advice about how to make an appeal
- Explaining the relevant test in law
- Providing support and guidance on how to prepare the case and prepare for the appeal hearing
- Support parents and young people to be empowered to advocate for themselves during the process and at the hearing
- Managing expectations of those we are supporting
- Signpost to other agencies for support if appropriate
- Assessment of decisions and next steps
What we expect from you
- We are a parent-led service; you must keep in touch with us
- We may seek additional support with supporting you, due to capacity within the service, from one of our trained and experienced IASS volunteers
Representation
In some circumstances we will provide representation at First-Tier Tribunal. Each case is assessed on an individual basis of need, and we would have to be involved from the start of the process to represent.
If we agree to provide representation this would include:
- Help to complete paperwork and provide evidence to the Tribunal
- Making enquiries about your specific case and emailing paperwork to the Tribunal if you are unable to do so (with written consent)
- Liaising with the Local Authority Tribunals team on your behalf
- Support leading up to the Tribunal hearing in the form of paperwork, legal arguments, explaining Tribunal communication, informing you of key dates, etc.
- Support at the Tribunal hearing and if you are unable to do so, speaking at the Tribunal on your behalf.
When representing, we must be marked as the main correspondent in the appeal, but you remain in control of the process at all times and you must share information and documents with your witnesses and all relevant parties.
Where we act as ‘representative’ for you, we are not acting as a legal representative (such as a solicitor, barrister or legal executive)
Please note
- IASS Bromley can support families without being your representative. We can provide advice to all families living in Bromley going through the SENDIST appeal process.
- If you instruct legal representation or a private advocate then we will step back from active involvement.
- The Tribunal bases its decision on the law, which for most matters relating to EHCPs will be contained in the Children & Families Act 2014. SENDIST will have some regard to the Code of Practice when making decisions, but it does not consider local processes, policies or thresholds. The Tribunal will wish to see advice that contains the legal requirements of Need, Provision & Outcomes.