Re: Time running out to defend Legal Aid for Tribunal

February 6, 2011

oops, last sentence should read

"

>

> The government's consultation ends at noon on 14 February.

>

> They say they can take away legal aid for education matters because it isn't a

matter of life and death (sic). I think many of us know that education matters

can feel like a matter of life and death.

>

> At the moment if parents meet the financial eligibility criteria, legal aid

can be obtained to meet the cost of expert reports fro tribunal and for

preparation. This has been invaluable and essential for many families in order

to be able to go to tribunal and stand any chance of success.

>

> If this article in the TES is correct

http://www.justice.gov.uk/consultations/legal-aid-reform-151110.htm the total

cost last year to the exchequer for legal aid for all education matters was £1.7

million. This is peanuts. I think no-one has been fighting or lobbying to keep

this, whereas other areas of proposed cuts have a vocal and infuential lobby and

have had successes in areas of much less importance.(The Bookstart grant of £30

million per annum was hastily restored after authors and their friends used the

media successfully.)

>

> I have been to my MP amd he has written to Ken e to say that he thinks

legal aid should be kept for SEN matters. This was months ago and there doesn't

seem to have been a reply.

>

> The consultation and questionnaire are at

http://www.justice.gov.uk/consultations/legal-aid-reform-151110.htm

>

> (I am only replying to the sections of the questionnaire that I know something

about and have left the rest blank eg re criminal matters/property disputes

where I know nothing and these areas aren't relevant to my present concerns.)

>

> Another issue is that the government proposes to tighten the financial

eligibility criteria so in future, even if you are on income support, but have

either savings or even equity in your house of more than £1,000 you won't be

eligible. This is a trap for anyone in their own home but on income support,

because under income support rules you are not allowed to increase your mortgage

when you are on income support and I would also think that lenders would not be

keen to lend money to home-owners in the situation, either, as they would have

no way of paying it back. The only option would be to sell up, presumably, and

go into private rented accommodation to free up any equity in order to fund the

reports for tribunal. The family would be regarded as intentionally homeless and

not eligible therefore for public housing. Does a family with a disabled child

really need this? There is a chance also to comment on the financial eligibility

criteria in the questionnaire.I think eligibility should actually be based on

the child's assets and no the parents' but in the current climate the most that

can be achieved would be to prevent even more families from being able to access

legal aid to get help with SENDIST.

>

> Margaret

>

February 6, 2011

,

I am talking primarily about appeals to SENDIST. In this case the financial test

is the parent's resources. If the parent's resources are low enough they (the

parent) can get Legal Aid. Then the parent can get help via legal aid to pay for

expert assessments and reports and for a solicitor to do some preparatory work

for the tribunal. As it is, there are very very few firms that will do this

specialist education law work at the very low legal aid rates which far below

the rates charged by lawyers who don't do legal aid work.

Margaret

> >

> > The government's consultation ends at noon on 14 February.

> >

> > They say they can take away legal aid for education matters because it isn't

a

> >matter of life and death (sic). I think many of us know that education

matters

> >can feel like a matter of life and death.

> >

> > At the moment if parents meet the financial eligibility criteria, legal aid

can

> >be obtained to meet the cost of expert reports fro tribunal and for

preparation.

> >This has been invaluable and essential for many families in order to be able

to

> >go to tribunal and stand any chance of success.

> >

> > If this article in the TES is correct

> >http://www.justice.gov.uk/consultations/legal-aid-reform-151110.htm the total

> >cost last year to the exchequer for legal aid for all education matters was

Â£1.7

> >million. This is peanuts. I think no-one has been fighting or lobbying to

keep

> >this, whereas other areas of proposed cuts have a vocal and infuential lobby

and

> >have had successes in areas of much less importance.(The Bookstart grant of

Â£30

> >million per annum was hastily restored after authors and their friends used

the

> >media successfully.)

> >

> > I have been to my MP amd he has written to Ken e to say that he thinks

> >legal aid should be kept for SEN matters. This was months ago and there

doesn't

> >seem to have been a reply.

> >

> > The consultation and questionnaire are at

> >http://www.justice.gov.uk/consultations/legal-aid-reform-151110.htm

> >

> > (I am only replying to the sections of the questionnaire that I know

something

> >about and have left the rest blank eg re criminal matters/property disputes

> >where I know nothing and these areas aren't relevant to my present concerns.)

> >

> > Another issue is that the government proposes to tighten the financial

> >eligibility criteria so in future, even if you are on income support, but

have

> >either savings or even equity in your house of more than Â£1,000 you won't be

> >eligible. This is a trap for anyone in their own home but on income support,

> >because under income support rules you are not allowed to increase your

mortgage

> >when you are on income support and I would also think that lenders would not

be

> >keen to lend money to home-owners in the situation, either, as they would

have

> >no way of paying it back. The only option would be to sell up, presumably,

and

> >go into private rented accommodation to free up any equity in order to fund

the

> >reports for tribunal. The family would be regarded as intentionally homeless

and

> >not eligible therefore for public housing. Does a family with a disabled

child

> >really need this? There is a chance also to comment on the financial

eligibility

> >criteria in the questionnaire.I think eligibility should actually be based on

> >the child's assets and no the parents' but in the current climate the most

that

> >can be achieved would be to prevent even more families from being able to

access

> >legal aid to get help with SENDIST.

> >

> > Margaret

> >

>

February 6, 2011

hi catherine and margaret

I have been reading your threads on this matter of legal aid, I received this

for my tribunal in may on legal aid solely upon my income as a single parent,

its very worrying they may not allow it for educational but purposed but only

as a matter of life or death.. did I see you write...with out this help I could

never have gone to tribunal; why has ken not replied, this is dreadful?

and does this mean by the 14th feb we can no longer apply for legal aid for

future tribunals? many thanks Isobel

> > >

> > > The government's consultation ends at noon on 14 February.

> > >

> > > They say they can take away legal aid for education matters because it

isn't a

> > >matter of life and death (sic). I think many of us know that education

matters

> > >can feel like a matter of life and death.

> > >

> > > At the moment if parents meet the financial eligibility criteria, legal

aid can

> > >be obtained to meet the cost of expert reports fro tribunal and for

preparation.

> > >This has been invaluable and essential for many families in order to be

able to

> > >go to tribunal and stand any chance of success.

> > >

> > > If this article in the TES is correct

> > >http://www.justice.gov.uk/consultations/legal-aid-reform-151110.htm the

total

> > >cost last year to the exchequer for legal aid for all education matters was

Â£1.7

> > >million. This is peanuts. I think no-one has been fighting or lobbying to

keep

> > >this, whereas other areas of proposed cuts have a vocal and infuential

lobby and

> > >have had successes in areas of much less importance.(The Bookstart grant of

Â£30

> > >million per annum was hastily restored after authors and their friends used

the

> > >media successfully.)

> > >

> > > I have been to my MP amd he has written to Ken e to say that he

thinks

> > >legal aid should be kept for SEN matters. This was months ago and there

doesn't

> > >seem to have been a reply.

> > >

> > > The consultation and questionnaire are at

> > >http://www.justice.gov.uk/consultations/legal-aid-reform-151110.htm

> > >

> > > (I am only replying to the sections of the questionnaire that I know

something

> > >about and have left the rest blank eg re criminal matters/property disputes

> > >where I know nothing and these areas aren't relevant to my present

concerns.)

> > >

> > > Another issue is that the government proposes to tighten the financial

> > >eligibility criteria so in future, even if you are on income support, but

have

> > >either savings or even equity in your house of more than Â£1,000 you won't

be

> > >eligible. This is a trap for anyone in their own home but on income

support,

> > >because under income support rules you are not allowed to increase your

mortgage

> > >when you are on income support and I would also think that lenders would

not be

> > >keen to lend money to home-owners in the situation, either, as they would

have

> > >no way of paying it back. The only option would be to sell up, presumably,

and

> > >go into private rented accommodation to free up any equity in order to fund

the

> > >reports for tribunal. The family would be regarded as intentionally

homeless and

> > >not eligible therefore for public housing. Does a family with a disabled

child

> > >really need this? There is a chance also to comment on the financial

eligibility

> > >criteria in the questionnaire.I think eligibility should actually be based

on

> > >the child's assets and no the parents' but in the current climate the most

that

> > >can be achieved would be to prevent even more families from being able to

access

> > >legal aid to get help with SENDIST.

> > >

> > > Margaret

> > >

> >

>

February 6, 2011

Please, I beg you, anyone with the time please write to Ken e and copy to

their MP outlining why legal aid should be kept for SEN matters and anyone who

has had legal aid, please try to write and show why you couldn't have helped

your child without it. The questionnaire is also available on -line - will take

quite a bit of time to read the consultation document, but there;s a search

function and you could limit you replies to the relevant sections of the

questionnaire. Posting on this list unless we also write to Ken e and

complete the questionnaire isn't going to achieve anything.

(Anyone have good media access?)