Interview With a SEND Tribunal Officer: EHCP Reform, Legal Advice, and Supporting Families
08 May, 20251-2 minutes
In this blog, you will learn:
- How SEND Tribunal Officers support families through tribunal appeals.
- About the benefits of better protected and designated SEND funding.
- How to find and apply for the best SEND Tribunal Officer jobs.
With the growing demand for special school placements and increasing focus on strengthening SEND support systems, we recently spoke with an experienced SEND Tribunal Officer who has over 25 years experience advocating for children with Special Educational Needs and Disabilities (SEND).
From supporting families through complex tribunal appeals to calling for universal EHCP templates and ring-fenced funding, this SEND Tribunal Officer shares insights on the current challenges facing councils.
Throughout this interview, you’ll discover how this SEND Tribunal Officer provides support and defends families through tribunal appeals and the importance of inclusive education in mainstream schools.
Tell us about your career journey so far and your current role
Since 1998, I have supported young people with SEN in mainstream schools. This experience equipped me with skills and knowledge for education law, where I served various law centres for over 10 years.
Due to changes in legislation, the education contracts provided by the Legal Service Commission were reduced and now only cover SEND needs involving appeals to the First-tier Tribunals. As a result, law centres could not offer free legal advice to parents and carers.
I decided to pursue a law degree to become a Solicitor with a focus on education law. My transition into tribunal work was facilitated by my experience as a SEND Caseworker. In my view, having casework knowledge is crucial, as it provides the foundation for comprehending SEND legislation.
What are your main duties as a SEND Tribunal Officer?
As a SEND Tribunal Officer, you must adhere to various statutory deadlines. Failure to meet these deadlines may result in the local authority being barred from participating in an appeal, which can be costly.
My typical day starts by reviewing my schedule for appeal deadlines and preparing for forthcoming hearings. I also coordinate pre-hearing witness meetings and submit the local authority’s response to appeals.
How has SEND provision changed over the past 12 months, and where do you see it heading in 2025?
There has definitely been an increase in parental preference for special school placements. This trend may be due to parents' concerns about mainstream schools' ability to meet their children's needs.
To address this, I think there should be a focus on promoting inclusion within mainstream schools and enabling staff to feel confident in meeting the needs of children and young people with SEN. Without such efforts, there may be a continued rise in the development of special schools.
The 2025 Labour government has introduced several educational and SEND reforms. How do you think Labour will impact SEND and local authorities?
Overall, the Labour government’s impact on SEND and local authorities would likely centre on improving funding, reforming processes and enhancing support and inclusivity for children and young people with SEND.
How might SEND provision change under Labour’s government and what reforms do you hope to see in the future?
Hopefully increased funding for SEN provision within mainstream schools will reduce the need for Education, Health and Care Plans (EHCPs) with SEN support funding protected.
I believe in revising the Education, Health and Care Plan system to make it more efficient. There should be a centralised EHCP template that all local authorities can use which is universal.
How do you keep up to date with changes in the SEND industry?
I stay up to date on changes in the SEND industry through engagement in focus groups, research and Tribunal Officers peer support networks. I also keep up to date on new research, case law and through involvement with forums like the SEND Tribunal Users group.
What do you find most fulfilling about your role as a SEND Tribunal Officer?
What I find most fulfilling about my role is the opportunity to work closely with parents and carers to help resolve disputes wherever possible before they go any further.
I also like being able to provide clear and detailed legal advice to decision makers on defending tribunal appeals. Successfully defending tribunal appeals that are worth defending is just so rewarding.
Can you share an example of a challenging situation you’ve faced in your SEND career and how you resolved it?
I supported a parent going through the SEN assessment process. The child had been out of school for 18 months and the local authority failed to ensure the child received an education. Through the judicial review process, we were successful in identifying a suitable independent school which the local authority agreed to fund.
In addition, the local authority agreed to financially compensate the parent, resulting in the child receiving additional support throughout the school holidays for two years. The parent still sends me updates on how the young person is doing. He is now on a supported internship and it’s great to see that the support has had such a positive impact.
What challenges do you believe councils and the SEND sector will face with the new labour government and how do you think they can be overcome?
The inconsistency of SEND support from area to area is undermining parents' confidence in the system. The current system isn’t delivering and needs to be reviewed and corrected urgently.
Whilst EHC Plans must contain specific sections, local authorities can design their own EHC Plans. I think the government needs to go back to having universal EHC Plan templates used by all local authorities.
I think the Department for Education needs to better understand the reasons for the differences in identifying and supporting SEND needs in local areas, routinely share good practice from better performing areas and improve council decision making by analysing tribunal decisions.
A core strand of the Department for Education’s approach to delivering SEND services is a commitment to inclusive education, yet the department has not adequately defined this.
Supporting children with SEND in more inclusive mainstream schools was a key element of the 2014 reforms, but the department hasn’t defined or set out what inclusive education should look like.
There are few incentives for schools to be inclusive, with performance data focusing on academic attainment and no separate judgment by Ofsted on SEND. This is exacerbated by the selective admissions policies of academies and grammar schools, which councils have no control over.
I think SEN funding should go back to the old system and be ring-fenced so the necessary resources and support is given to the children who require it without the need for an Education Health and Care Plan.
What's the most valuable lesson you’ve learnt in your career so far?
Some of the most valuable lessons I’ve learnt in my SEND career:
- Preparation prevents poor performance.
- Know your witnesses and always hold a prehearing meeting with witnesses, especially those that are anxious.
- Keep reviewing your cases and play devil’s advocate especially when you think you have a robust case to defend.
- Keep up to date with case law as this can change often and some later cases contradict previous established case law.
What’s your vision for the future of SEND services?
I think there is a clear need for reform under the current system for SEND. There needs to be an overhaul in the SEND system because what the reform was meant to achieve has not worked. The system needs to be more streamlined whereby parents/carers and young people understand what is happening and how they can actively contribute to the decision-making process.
I would like to see designated SEN funding so that schools have more control over how they meet the needs of all children with SEN. More funding needs to be put in place to ensure children and young people receive equal support for their education, health and care needs.
What advice would you give to aspiring SEND professionals?
I would say, you need to have resilience as the world of SEND can be challenging. You need to have robust negotiation skills as you will be dealing with a range of different perspectives.
What were your experiences of working with Spencer Clarke Group?
Spencer Clarke Group is supportive, regularly checks on my wellbeing and listens to my requirements for assignments. They ensure only relevant assignments are sent to me and that I receive the best daily rate for my work and experience.
Using a recruitment agency helps source the right selection of talent specific to the available role. Spencer Clarke Group has industry knowledge and expertise, especially in particular sectors and provides you with valuable insights and career advice.
They save time and resources for employers by managing job postings, pre-screening candidates and coordinating interviews and streamlining the hiring process. They are adaptable, flexible and able to respond to changing needs and demands of the employers and the marke
SCG educational psychology report
As specialists in SEND recruitment, we work alongside hundreds of Educational Psychologists throughout the UK and are mindful of the challenges they face in their ever evolving role.
After commissioning our own research from Educational Psychologists in both local authorities and private practice, we published the SCG Educational Psychology Workforce Insights Report 2024.
The report delves into trends within educational psychology, funding and resources, industry challenges, policies and legislation and the future of educational psychology.
Read the SCG Educational Psychology Workforce Insights Report 2024 here.
SEND jobs
If you’re searching for your next local authority SEND job, why not take a look at the latest vacancies, or simply upload your CV to be notified when a relevant position becomes available.
Local authority recruitment services
As specialist local authority SEND recruiters, we support local authorities nationwide with their temporary, interim and permanent staffing needs.
We can supply SEND staff for service redesign, tackling annual review backlogs and SEND/EHC Case workers to amend plans or hold annual review meetings.
If you’re struggling to fill a vacancy, why not get in touch with one of our team to see how we can help?
- South of the UK - Richard Shorrock
- Midlands & North of the UK - Adam Zyda
Share your experience
Every individual brings a unique set of experiences, thoughts and insights to the table. We believe in giving a voice to a community of professionals to inspire positive change and champion reform in the SEND sector.
If you work in the SEND sector and would like to share your own personal and professional experiences, we’d love to hear from you. Perhaps you have a different perspective, could offer a fresh angle, or want to challenge assumptions.
Simply reach out to our Head of Content, Nicole Sherwood, to discuss a collaboration which makes your voice count.
Who is Spencer Clarke Group?
Established in 2017, we’re an award winning and progressive recruitment agency based in the heart of the North West. Our reputation is built on trust, expertise and an unwavering commitment to exceed expectations.
In 2024, we were named Recruitment Agency of the Year at the prestigious Recruiter Awards, an accolade we are extremely proud of.
We operate in two sectors:
In eleven specialisms:
Healthcare, Social Care & Nursing
Corporate Functions & Business Support
