SEN Tribunals Officer

 

 

 

 

Job Descriptions

Job Title SEN Tribunals Officer

Reporting to Senior SEN Tribunals Officer

Service Legal and Democratic Service

Effective date

Grade F Job number G.2119-1

Job Purpose: Representing the Local Authority (LA) position through the statutory appeal process in written format to SENDIST, in response to an appeal being lodged. This is a time sensitive process and the role is essential to ensure the Authority meets its statutory duties. The role works closely alongside the SEN statutory service to provide direct support in relation to cases in appeal. The role is the Named Officer and contact for parents, Headteachers, SEN Coordinators and other service users for specific matters relating to individual appeals. Main duties and responsibilities:

• Prepare and present cases, provide a clear concise summary of issues and to take part in decision making. Responsible for ensuring that actions agreed are implemented following this.

• Be succinct and articulate in communicating the LA position in current live appeals to parents, schools, LA colleagues, SENDIST in discussion and written format in an informative, sensitive manner.

• Attend meetings with parents and or young people to discuss their appeal.

• Liaise with Headteachers and SEN Coordinators to ensure and monitor that appropriate provision is being made by the provider using the resources and funding delegated, to enable them to meet the special educational needs of children and young people.

• Independently prepare, write and amend Education, Health, and Care Plans referred to as working documents as part of the appeal process, involving analysing a range of complex and often contradictory advice received.

• Liaison with parents, school staff, the full range of professionals and agencies via direct contact in meetings, by telephone and in writing to resolve queries, contradictions and disagreements where possible.

• Guide SEN Tribunals Support Officers and oversee their work, providing guidance and support as required to ensure the completion of statutory work within the required timescales including the co-ordination of tribunal documents and effective preparation for submission of tribunal bundles.

• Be responsible for monitoring own performance against key indicators and taking corrective action as necessary to ensure statutory compliance.

• Identify, prioritise and flag up cases where disputes may and have arisen. Work independently and unsupervised, using own initiative, to consistently find creative solutions to contentious and complex problems in order to resolve or defend appeals lodged with SENDIST.

• Work closely with the Senior SEN Tribunals Officer in the preparation of cases where appeals have been lodged with the SEN & Disability Tribunal (SENDIST), including:

• attending meetings with witnesses and other professionals

• preparing working documents for submission to the Tribunal

 

 

 

 

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• assistance with the preparation of Case Statements for submission to SENDIST to defend the appeal

• Gather, consider and analyse necessary reports/professional advice and any other relevant information in relation to an appeal to be able to defend the LA position and advise on strengths and weaknesses of the case.

• Sign post parents to sources of support to navigate the appeal process.

• Liaise with the Data and Information Team to ensure budgetary accuracy in relation to delegated funding and data.

• Attend other meetings as required relevant to specific individuals under appeal and wider discussion regarding appeals and Tribunal processes as required.

• Travel to meetings with providers within Devon County and out of county where placements have been commissioned, as relevant to appeals.

This document outlines duties to indicate the level of responsibility of this role. It is not a comprehensive or exclusive list. In line with the Councils strategy to have an agile workforce you may be asked to work in other areas of the Council, based on your skills and the priorities of the organisation.

 

 

 

 

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Person Specification

Attribute Essential Desirable Method of

Assessment

Management of Staff

Skills and experience to support and supervise others.

Able to empower team members and delegate appropriately

Application and Interview

Experience

• A thorough and in-depth knowledge of relevant legislation, responsibilities and procedures including the 2014 Children and Families Act and SEN Code of Practice.

• Substantial and extensive experience in an office environment

• Substantial knowledge of the statutory reporting and performance indicators requirements

• An in-depth knowledge and good understanding of the legislation in respect of the Equality Act, the Authority’s Threshold Tool for Statutory Assessment and Resource Allocation process, Admissions Code, Transport and associated policies. Previous experience of report writing

• Previous experience of managing people

• In-depth knowledge of DCC policies and standards in relation to Quality, Finance, HR and Health and Safety

Application and Interview

Practical Skills

• Substantially developed reporting and writing skills, excellent organisational skills, ability to work independently and unsupervised to tight deadlines using own initiative, whilst managing conflicting priorities

• Time management, prioritisation and initiative skills

• A methodical approach with good analytical skills.

• Proof reading skills

• Able to build and maintain professional relationships with others

• Ability to establish credibility, authority and trust with stakeholders and partner agencies

• Strong ability to be creative, innovative and adaptable

• Able to act with minimal guidelines, intuitive decision making

• Effective negotiation and influencing skills

• Ability to make contentious and complex decisions that may have a significant effect on DCC and stakeholders

Good attention to detail Application and Interview

Communication

• Ability to communicate clearly verbally and in writing, demonstrating good listening skills, handling confrontation with confidence, using discretion and diplomacy, influence and negotiating successfully under

• Skills to facilitate openness and interaction between team members

• Skills to facilitate individual and team problem solving with staff in their area of competence

Application and Interview

 

 

 

 

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Attribute Essential Desirable Method of

Assessment

pressure

• Work in a confidential manner.

• Skills to effectively communication with colleagues and customers in language they can understand and to which they can relate.

• Ability to take responsibility for own work showing flexibility and a positive attitude, recognising and using the skills and abilities of other both within and outside the team

Personal Qualities

• A self starter with a “can do” approach

• Ability to remain calm in highly sensitive situations

• Ability to work collaboratively and a commitment to team working

• Ability to maintain confidentiality

• Demonstrate creative problem solving

• Courage and ability to make good decisions with little time without setting inappropriate precedents

• Flexibility of approach, tone and style and matching to the demands of the situation juggling priorities

• Able to take a broad view and an ability to understand specific areas based on experience and technical skills

• To be able to negotiate, take a pragmatic view; be articulate, persuasive and assertive.

Application and Interview

Strategic Thinking

• Ability to think logically and interpret complex information in the light of emerging strategic operations

• Committed to customer service aims

Knowledge and ability to understand the strategic priorities of DCC and of internal and external stakeholders

Application and Interview

Technology / IT Skills

High level ICT skills including complex databases, excel spreadsheets, Microsoft Word, Outlook, Voice Recognition Software

Application and Interview

Education and Training

Educated to degree level or relevant qualifications in relevant area or equivalent/proven experience in a similar role.

• ECDL or equivalent

• Management qualification or equivalent

Application and Interview

Equal Opportunities

Devon County Council and its staff seek to eliminate discrimination, advance equality and foster good relations.

Demonstrate knowledge at Interview

Physical Able to carry out the duties of the post with reasonable adjustments where necessary

OH1

Other relevant factors

Commit and conform to DCC Customer Service Standards

 

 

 

 

 

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1. Supervision and Management: The role will supervise colleagues within the team; allocating and checking their work. They will also plan, take the lead on and co-ordinate individual projects and developments to support change. Leading and supervising working groups. 2. Creativity and Innovation: Work independently and analyse a diverse range of complex information received and gathered as part of an appeal, to defend LA position and / or make recommendations to the LA on any further actions and decision making. Use a range of detailed and complex reports as part of the working document process amending Education, Health, and Care Plans, in collaboration with other professionals, the learner and family that clearly and concisely provides a detailed picture of the child/young person’s needs and agreed outcomes and the specific provision that the Authority will commission to meet the identified needs. Work creatively and innovatively using a range of diverse expertise and skills, unsupervised, in complex, contentious and challenging situations in order to achieve outcomes for both the Authority, learner/ parents and providers. To independently meet with parents, Headteachers and SEN Coordinators and a range of professionals where there is dissatisfaction or disagreement, in what are often contentious and difficult circumstances and work consistently to find creative solutions, using conciliatory skills and own initiative to resolve appeals where appropriate to do so. The work of this role can be very emotive and often contentious and requires a high level of sensitivity and empathy with parents who want the best outcomes for the child/young person who may have severe and complex needs and life threatening condition. The postholder will need to be able to remain calm, deal with very sensitive situations objectively and competently. 3. Contacts and Relationships: Regular contact with the following on behalf of the LA: SENDIST, Parents/carers/young person, LA or parent/carer/young person’s solicitors and Barristers: to formally represent the LA position through the course of an appeal to either resolve appeal or successfully defend LA position. School SEN EN Co-ordinators, Head teachers/Senior Management, LA professionals (Educational Psychologists, Advisory Teachers, Social Care staff, Admissions and School Transport and Escort Teams. Inclusion and Re-Integration Team, Elective Home Education Team, Early Years Service) and Health professionals: to deal with complex and contentious matters requiring a high level of consistency, persuasion and advocacy. Find creative and innovative solutions where possible. Ensure that the appropriate range of advice is submitted within sufficient time for the LA to comply with Tribunal set directions. Interpret and explain complex legislation and procedures to ensure that there is sufficient understand of their services responsibilities to enable joint working to s to reach resolutions and successfully defend LA position. To work independently and consistently to maintain dialogue and good working relationships with these professionals. Senior Tribunals Officer: To independently identify any appeal cases experiencing challenges in being resolved or successfully defended, particularly those that which unless addressed

 

 

 

 

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would have significant implications for the Authority. Careers South West: Liaison to request their involvement for sharing careers advice for those children/young people under appeal. Parent Partnership Service: Liaison on complex and contentious matters to ensure that parents are well supported through the complex processes in relation to the assessment of the child/young person’s special educational needs and annual reviews. In response to complaints / enquires both internal and externally including but not limited too MPs and County Councillors, litigation service: provide clear concise briefings in relation to appeal cases. Communications will have a significant impact on outcomes for both the child/young person and the Authority. This includes the Authority’s adherence to statutory duties laid down by legislation, the range of provision written into the Education, Health and Care Plan which would affect the outcomes for the child/young person and may result in significant financial and strategic implications for the Authority. 4. Decision - Discretion: A high level of autonomy is required by the postholder to analyse the reports and advice submitted as part of an appeal. To work independently and unsupervised on (but in collaboration with other professionals the child/young person and family) working documents of Education, Health and Plans to ensure they are accurate and of high quality as part of the appeal process To give advice to SEN statutory service to whether to consult with Headteachers and Chairs of Governors of Independent Settings in respect of educational placements for children/young people with Special Educational Needs. To work independently, unsupervised, using own initiative to ensure that dissatisfaction or disagreements in complex and contentious cases are kept to a minimum. To lead on developments in the service using own initiative to streamline, paperwork and processes leading to more effective business practice. To lead on special projects to ensure more effective and efficient working practices are incorporated. 5. Decisions - Consequences: The postholder must adhere to tribunal set directions and timescales in order to prevent complaints and being barred from acting in the appeal, impacting the LAs ability to defend its position. The postholder has direct responsibility to find creative solutions in order to resolve or successfully defend appeals to the SEN & Disability Tribunal. Where parents are successful at appeal it will often have a financial impact on the Authority in carrying out an assessment, issuing and maintaining an EHC Plan, placing additional educational provision or therapy, cost of placement including provision of transport, which will impact significantly on the budget and the efficient use of the Authority’s resources 6. Resources: Responsible for the proper use, application and care of ICT equipment, such as laptops.

 

 

 

 

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Responsibility for all legal documents in respect of caseload. Manual files contain highly sensitive confidential information including medical and social care reports. 7. Work Demands: The statutory duties in respect of appeals regarding complex procedures are laid down by the DfE and encompassed in the Children and Families Act 2014 and SEN Code of Practice. There is also a requirement to analyse and interpret the legislation and relevant case law. This involves liaison with a wide range of professionals, parents, providers and other interested parties on a daily basis. The post holder must liaise with colleagues in respect of the processes to ensure that the Authority is able to effectively and accurate fulfil its statutory duties and evidence this to SENDIST and parent/young person. Responsible for responding to SENDIST on behalf of the Authority for all assigned appeals and tasks, against constantly changing demands and priorities, within tight statutory deadlines. The workload has to be managed against constantly changing priorities and interruptions in the form of contact from parents, providers and other professionals, by telephone, e-mail and also by other Team members. There is a requirement for the postholder to manage and resolve frequently changing circumstances, conflicting demands and priorities on cases; juggling demands from parents, providers, and senior colleagues and to attend meetings, and contribute to development initiatives against the need for ensuring statutory requirements are adhered to. The postholder is required to reprioritise personal and team demands in order to adapt to changing strategic and team priorities. 8. Physical Demands: Normal physical effort is required for this post at all times. There may be infrequently travel to meetings both within Devon County and to any out of county placements. 9. Working Conditions: The role may be required to work at other locations in order to ensure successful engagement and joint working with other agencies where necessary. 10. Work Context: The work is pressurised, very emotive, contentious and challenging. There may be a risk of stress related difficulties. Daily contact by telephone, face to face (online primarily) with the public and professionals on contentious issues. 11. Knowledge and Skills: The role requires an expert level of knowledge and skills in specialist disciplines related to

responsibilities under the 2014 Children and Families Act and the SEN Code of Practice. The

postholder must have an in-depth knowledge and good understanding of the other legislation

such as the Belonging Regulations, the Equality Act as well as the Authority’s non-statutory

Resource Allocation process in addition to associated policies, eg Admissions policy and

Transport policy.

The postholder will have expert and specialist knowledge of the Authority’s Inclusive

 

 

 

 

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Education Strategy in relation to Children with Special Educational Needs. The post holder must have the ability to manage a diverse workload and meet conflicting deadlines whilst juggling priorities. As well as the ability to supervise colleagues and lead project teams from conception to completion. The role requires the ability to work as a member of a Team developing good working relationships. The postholder must be able to communicate clearly both verbally and in writing, demonstrating good listening skills, handling confrontation with confidence, discretion and diplomacy and negotiating successfully under pressure. With highly developed reporting and writing skills. Excellent organisational skills, ability to work independently and unsupervised to tight deadlines using own initiative, whilst managing conflicting priorities. Highly developed IT skills including the use of Excel spreadsheets, Microsoft Word, Outlook, complex databases eg EMS and Voice Recognition Software. The ability to demonstrate a commitment to good practice and creative problem solving within the Team and wider organisation. Calm approach in highly sensitive situations. Ability to maintain confidentiality in respect of highly sensitive information/situations, such as Child Protection and similar circumstances. Knowledge of school systems and an understanding of the National Curriculum. Ability to understand and interpret specialised assessment tools and information in reports from professionals from a range of disciplines, including Education, Health and Psychology reports

 

 

 

 

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Health & Safety:

Potential Hazards

Applicable to this job? (✓)

Action to be taken (text)

Examples of action to be taken (this list is not exhaustive)

Display Screen Equipment

Conduct regular workstation assessments through Cardinus software

Electricity – fixed / portable

Ensure PAT1 certificates are up-to-date

Manual handling

Ensure J/H attends appropriate training

Verbal / physical abuse

Ensure J/H is familiar with appropriate policies & procedures

Work equipment

Ensure J/H is familiar with all equipment and its proper usage and maintenance

Fire

Ensure J/H is familiar with evacuation procedures and use of fire-fighting equipment (if appropriate)

Environmental Wear appropriate PPE2

Isolation / lone- working

Ensure J/H is familiar with appropriate policies & procedures

Slips, trips & falls

Ensure J/H is familiar with appropriate policies & procedures

Chemical

Ensure J/H is familiar with appropriate policies & procedures and wears PPE if required

Working with Vulnerable persons

Ensure J/H is familiar with appropriate policies & procedures

Premises related

Ensure J/H is familiar with appropriate policies & procedures

Transport risks Ensure J/H is familiar with

operation of vehicle(s) and safety procedures

Working at heights

Ensure J/H wears appropriate PPE and follows safe system of work

Other hazards not identified above

Deal with on an individual basis,

1 Portable appliance test 2 Personal protective equipment

 

 

 

 

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Signatures Job Description agreed by: Line/Originating Manager: Name:_____________________ Signature:_________________ Date:_________ Head of Service/Head teacher: Name:_____________________ Signature:_________________ Date:_________