Info re Government's plans re government legal aid

[Guest guest]

I hope list mates don't think this is too long. I find the level of ignorance shown in their summary of factors for removal astonishing.

Margaret

From page 175 of the government's consultation document (original was in table form which I could not copy):

Education

Current Scope

This category covers Legal Help and some Legal Representation in relation to alleged failures in education provision.

This includes:

„h

advice on appealing to local authority or tribunal in relation to establishing, revising, or acting on a statement of special educational need;

„h

representation at the Upper Tribunal in appeals against decisions of the First-tier Tribunal in special educational needs cases;

„h

advice on claims for negligence in the provision of education; and

„h

advice in relation to long term exclusion from, or refusal to provide education.

We propose to retain in scope

We propose to remove from scope

We propose to remove all Legal Help and Representation on education matters.

Relevant Factors

Factors for retention

Ability to self-represent: parents of disabled children involved in SEN cases are more likely to be disabled themselves.

Factors for removal

Importance of issues: relatively low (some financial claims; some issues arise from personal choices, e.g. conduct at school).

Ability to self-represent: Tribunal accessible to lay people.

Alternative sources of funding: damages claims suitable for CFAs.

Alternative routes to resolution: help available from parent partnerships, charities (e.g. IPSEA