SENDIST: Challenge or Opportunity
(April 2006)
Mandy Williams, Chief Executive of PEACH (Parents for the Early Intervention of Autism and their families), talks about the results of a recent in depth telephone survey to families about their experiences with SENDIST.
Peach (Parents for the Early Intervention of Autism in Children) is a small national charity which supports children with autism and their families. We provide behavioural services to children in their own homes and in schools, we also run a helpline for parents and offer a variety of support services for parents.
In 2002/3 we noticed that we were taking an increasing number of calls on our helpline from parents about the Special Education Needs Tribunal process. We also noticed that the parents ringing us were very stressed. We decided to undertake a survey looking at:
- The sources of help and advice that parents found effective
- Equality issues (including cost and access)
- Stress levels
We conducted an in depth interview with 41 families about their experiences of SENDIST.
Advice Sources and Legal Representation
Although respondents had sought advice from a variety of sources they undoubtedly felt a solicitor was necessary to fight an effective case. They found speaking to other parents and advice helplines useful in the early stages but felt that these resources were not able to give the level of legal advice needed to compete on equal terms with LEA solicitors.
Our survey found
- 88% of respondents were represented by a solicitor
- 17% were represented by a solicitor and a barrister
- 12% did not have legal representation
- 5% had legal aid
Interestingly whilst most parents felt their solicitor made a good case and were effective, there were instances where parents had not felt the solicitor had made a good case, but they still felt he/she had been effective. The feeling of the parents was that the LEA automatically respected the solicitor.
Comments from parents clearly illustrate this point:
"I thought I could do it. I have a degree, but we needed a solicitor, we didn't know the legal technicalities."
"Once we got a solicitor everything changed, their (the LEA) attitude changed."
Cost and Access
We found the amount parents paid for legal aid varied from £600 to £15,000. The average was £4,276, but 32% paid legal costs of £6,000 or more. Costs had clearly risen with £6,000 appearing to be common in 2002/3 compared to £2,000 in 1997/8. We interviewed two families who had paid in excess of £10,000 for cases they had lost.
In addition, 95% had paid for their chosen provision while they went through the SENDIST process. Costs varied from £2,000 – £45,000, with 34% paying more than £10,000.
It was clear to us that some parents settled their cases because of fear of escalating legal and provision costs. 48% of those who settled were not happy with the settlement but did so because:
- 22% were too worn out to continue
- 44% were concerned about the cost of continuing
19% of our respondents belonged to ethnic minority groups. All of our respondents spoke good English but when English was not their first language they found the tribunal process very difficult.
"The tribunal affected me mentally and physically, I had dizziness and was treated for stress. I found it hard to speak English, which is not my first language. I couldn't think of the words to say."
Parental Stress
It is very clear that the SENDIST process is very stressful for parents. This is exasperated by worries about money and debts, in our survey 78% rated their stress level at 8 or above (when 10 is highest) and 31% rated their stress level at 10. Some parents talked of feeling bereaved when it was all over.
"During this period I would bump into people and not know who they were, or forget that I spoke to them. I could not remember anything outside the process. My mind was so tied up with this. The level of stress is inconceivable."
63% of those surveyed reported financial hardship:
- 19% re-mortgaged
- 19% took bank loans
- 14% borrowed from family
- 4% used their savings
"Our parents paid for this out of their pension fund. There is a big hole in it now."
Peach Recommendations
Interestingly, despite the difficulties only 12% of respondents wished they had not gone through the process and of this 12% all except one were from ethnic groups. Whilst the majority of parents value SENDIST, there is clearly a disparity of experience between groups, which is an issue of real concern.
Following our survey we made the following recommendations:
- The trend which sees parents and LEAs increasingly using solicitors and barristers makes the process less accessible. Guidelines should be issued to LEAs on the appropriate use of legal representation.
- LEAs need to speed up the process. There is a perception that they deliberately delay. The involvement of solicitors stops this time wasting which is one of the main reasons why parents feel they need solicitors.
- Delays and other transgressions should be monitored externally by an independent body.
- Although legal aid is mentioned in the SENDIST guidance, few people know they can apply for it. Awareness needs to be raised. Legal aid provisions should be extended to cover representation at tribunal.
- Peach feels that some types of provision are quite complex and specialist SENDIST panel members may be required.
- The allocation of provision is a lottery with some LEAs meeting parental choice while others force parents into a fight which drains them emotionally and financially. There should be more research into outcomes so the value of different provisions is established.
- LEAs and Tribunals should be more aware of the needs of ethnic minorities and those who do not speak English as a first language, this should be reflected in Race Equality Action Plans.
- Peach feels that SENDIST is not always meeting the needs of the many because it is only accessible to the few. Work needs to be done to identify and reduce levels of unmet need. LEAs and SENDIST should regularly monitor access issues to ensure SENDIST represents an opportunity and not a challenge to parents.
If you would like additional information on Peach or this article, email Peach