COST OF Hiring external Educational Legal consultents or barristers for SEN Tribunal

Roedd y cais yn rhannol lwyddiannus.

Dear East Sussex County Council,

Please supply annual cost of hiring legal representation from solicitor firms /Barristers for appearing at SEN TRIBUNAL and for all preparation for said SEN Tribunal for ESCC ,against Parents or Guardians of Children with SEN.
Please detail cost of Barristers ( or solicitors dealing with whole case)
for ALL months from January 2015
, February 2015, March 2015, April 2015, May 2015 etc June 2015, July 2015, August 2015, September 2015, October 2015, November 2015, December 2015, January 2016, etc etc -- --- Up to and INCLUDING OCTOBER 2016.

PLUS

Please also supply separately from above the cost of SEN Consultants ( Such as J. Harniman of Write Answer Ltd but NOT limited to) used for Tribunal Process and appearance at Tribunal on behalf of ESCC against Parents / Guardians of Children of SEN.

PLEASE supply monthly cost of ALL these consultants for each separate month from
January 2015 , February 2015, March 2015, April 2015 May 2015 , June 2015 etc ----------------------- Up to and INCLUDING OCTOBER 2016. ( as above)

Please do not include any staff members that are employed exclusively by ESCC as an employee.But ONLY give costs for legal firms or advisory / consultancy firms that are used by ESCC on a regular or even occasional basis as required. They can still work for others requiring their legal expertise and will be available to hire by ESCC on a part time basis as required.(such as BAKER SMALL is in other parts if England)

Yours faithfully,

Mrs M Mattingley

Freedom of Information, East Sussex County Council

 

Dear Mr M Mattingley

 

FOI Request ref:  7893/ COST OF Hiring external Educational Legal
consultents or barristers for SEN Tribunal

 

Thank you for your request for information about the above. Your request
was received on 17/10/2016 and I am dealing with it under the terms of the
Freedom of Information Act 2000.

We always aim to respond as quickly as possible, and in this case will do
so no later than 14/11/2016, which is the 20 working day deadline. The
deadline is counted from the first working day we receive it, not the date
a letter is written / posted or an email sent.

In some circumstances a fee may be payable and if that is the case, I will
let you know. A fees notice will be issued to you, and you will be
required to pay before we proceed in dealing with your request.

Please quote the above reference number in any communication regarding
this request.

 

Yours sincerely

 

 

 

Dayle Hunt

Customer Information Advisor

 

East Sussex County Council

Communities, Economy and Transport Directorate

W1D, County Hall

St Anne’s Crescent

Lewes

East Sussex BN7 1UE

 

Phone: 01273 482913
Fax: 01273 481208

email: [1][East Sussex County Council request email]   web: [2]www.eastsussex.gov.uk/foi

 

 

This message is intended for the use of the addressee only and may
contain confidential or privileged information. If you have received it in
error please notify the sender and destroy it. You may not use it or copy
it to anyone else.

E-mail is not a secure communications medium. Please be aware of this
when replying. All communications sent to or from the County Council
may be subject to recording and/or monitoring in accordance with
relevant legislation.

Although East Sussex County Council has taken steps to ensure that this
e-mail and any attachments are virus free, we can take no responsibility
if a virus is actually present and you are advised to ensure that the
appropriate checks are made.

You can visit our website at http://www.eastsussex.gov.uk

References

Visible links
1. mailto:[East Sussex County Council request email]
2. http://www.eastsussex.gov.uk/foi

Freedom of Information, East Sussex County Council

 

Dear Mr M Mattingley

 

FOI Request ref:  7893/ COST OF Hiring external Educational Legal
consultents or barristers for SEN Tribunal

 

Thank you for your request for information about the above, which has been
dealt with under the terms of the Freedom of Information Act 2000. Your
request and our response are set out below. Please note that any
information we provide is subject to the copyright and reuse of
information terms and conditions set out at the bottom of this email.

 

REQUEST

 

Please supply annual cost of hiring legal representation from solicitor
firms /Barristers for appearing at SEN TRIBUNAL and for all preparation
for said SEN Tribunal for ESCC ,against Parents or  Guardians  of Children
with SEN.

Please detail cost of Barristers ( or solicitors dealing with whole case)
for ALL  months from January 2015 , February 2015, March 2015, April 2015,
May 2015 etc June 2015, July 2015, August 2015, September 2015, October
2015, November 2015, December 2015, January 2016,  etc etc -- --- Up to
and INCLUDING  OCTOBER  2016.

 

PLUS

 

Please also  supply  separately from above the cost of SEN Consultants  (
Such as J. Harniman of Write Answer Ltd but NOT limited to) used for
Tribunal Process and appearance at Tribunal on behalf of ESCC against 
Parents / Guardians of Children of SEN.

 

PLEASE supply monthly cost  of ALL these consultants for each separate
month from

January 2015 ,    February 2015,   March 2015,   April 2015  May 2015 ,
June 2015  etc ----------------------- Up to  and INCLUDING  OCTOBER 2016.
( as above)

 

Please do not include any staff members that are employed exclusively by
ESCC as an employee.But ONLY  give costs for legal firms or advisory /
consultancy firms  that are used by ESCC on a regular or even occasional
basis as required.  They can still work for others requiring their legal
expertise and will be available to hire by ESCC on a part time basis as
required.(such as BAKER SMALL is in other parts if England)

 

 

RESPONSE

 

Please supply annual cost of hiring legal representation from solicitor
firms /Barristers for appearing at SEN Tribunal and for all preparation
for said SEN Tribunal for ESCC, against Parents or Guardians of Children
with SEN.

 

Below is the cost of payments for external Barristers to attend Tribunal
cases – Barristers are only requested if parents have legal
representation.

 

Financial Year for Total cost
Barristers
   
15/16 £46,696.53
16/present £3,651.96
Total £50,348.49

 

 

Please detail cost of Barristers (or solicitors dealing with whole case)
for ALL months from January 2015, February 2015, March 2015, April 2015,
May 2015 etc. June 2015, July 2015, August 2015, September 2015, October
2015, November 2015, December 2015, January 2016,  etc. -- --- Up to and
including October 2016.

 

Please see the below table. The figures are based upon sap recharges which
will not be the date counsel is instructed. All figures include VAT

 

Month Year Counsel Fees SEN
January 2015 £0.00
February 2015 £6,528.00
March 2015 £0.00
April 2015 £2,441.80
May 2015 £300.00
June 2015 £3,169.45
July 2015 £9,050.00
August 2015 £4,897.20
September 2015 £2,195.70
October 2015 £9,518.74
November 2015 £0.00
December 2015 £6,150.90
January 2016 £3,751.50
February 2016 £3,780.00
March 2016 £2,580.00
April 2016 £6,558.00
May 2016 £1,340.00
June 2016 £9,185.40
July 2016 £8,124.50
August 2016 £2,160.00
September 2016 £3,756.56
October 2016 Not yet held

 

Please also supply separately from above the cost of SEN Consultants (Such
as J. Harniman of Write Answer Ltd but not limited to) used for Tribunal
Process and appearance at Tribunal on behalf of ESCC against Parents /
Guardians of Children of SEN.

 

ISEND employed one temporary Tribunal consultant – J Harniman during the
period requested – she no longer works for the LA – through an agency
contract.  A new temporary SEN Tribunal consultant began work in October
2016.  As there is effectively only one individual to whom the cost
relates, we are unable to provide the cost as it would constitute salary
information. This personal data, as defined by Section 1 Data Protection
Act 1998. Such information is exempt from disclosure under section 40(2)
of the FOI Act and we will therefore not be providing it.

 

Please supply monthly cost of all these consultants for each separate
month from

January 2015, February 2015, March 2015, April 2015, May 2015, June 2015
etc. ----------------------- Up to and including October 2016. (As above)

 

See answer above.

 

Please do not include any staff members that are employed exclusively by
ESCC as an employee. But only give costs for legal firms or advisory /
consultancy firms that are used by ESCC on a regular or even occasional
basis as required.  They can still work for others requiring their legal
expertise and will be available to hire by ESCC on a part time basis as
required.

 

 

I hope that this answers your enquiry. If you believe that the County
Council has not complied with the FOI Act in responding to your request,
you may ask for an internal review. If you wish to do so, please set out
the grounds of your appeal in writing to:

 

Philip Baker, Assistant Chief Executive, East Sussex County Council,
County Hall, St Anne’s Crescent, Lewes, East Sussex. BN7 1UE.

or by email to him at [1][email address]

 

Please quote the FOI reference number in any communication regarding this
particular request.

 

If you are not content with the outcome of the internal review, you then
have the right to apply directly to the Information Commissioner for a
decision. Generally, the Information Commissioner cannot make a decision
unless you have exhausted the County Council’s internal review procedure
as described in the previous paragraph. The Commissioner can be contacted
at: Information Commissioner's Office, Wycliffe House, Water Lane,
Wilmslow, Cheshire, SK9 5AF. Tel: 0303 123 1113.  [2]www.ico.org.uk

 

Yours sincerely

 

Jeremy Coleman

Customer Information Officer

 

East Sussex County Council

Communities, Economy and Transport

W1D, County Hall

St Anne’s Crescent

Lewes

East Sussex BN7 1UE

 

Phone: 01273 482913
Fax: 01273 481208

email: [3][East Sussex County Council request email]   web: [4]www.eastsussex.gov.uk/foi

P    please consider the environment - do you really need to print this
email 

Copyright and Re-Use of information

1. Providing you with documents under the Freedom of Information Act does
not give you an automatic right to re-use those documents in a way that
would infringe copyright – for example by making multiple copies, or by
publishing / issuing copies to the public.

2. Copyright in the information is owned by East Sussex County Council
and/or its contractor(s) unless otherwise stated. Brief extracts of the
material can be reproduced under the “fair dealing” provisions of the
Copyright Design and Patents Act 1988 (S.29 and S.30) for the purposes of
research for non-commercial purposes, private study, criticism, review and
news reporting.

3. We do not give permission for this information to be used for the
purposes of direct marketing.

4. If you wish to use this information then, in accordance with the
Regulations on the Re-use of Public Sector Information 2015, you must
first ask our permission. Such re-use may or may not involve the granting
of a licence and the application of a Fee.

 

 

 

 

This message is intended for the use of the addressee only and may
contain confidential or privileged information. If you have received it in
error please notify the sender and destroy it. You may not use it or copy
it to anyone else.

E-mail is not a secure communications medium. Please be aware of this
when replying. All communications sent to or from the County Council
may be subject to recording and/or monitoring in accordance with
relevant legislation.

Although East Sussex County Council has taken steps to ensure that this
e-mail and any attachments are virus free, we can take no responsibility
if a virus is actually present and you are advised to ensure that the
appropriate checks are made.

You can visit our website at http://www.eastsussex.gov.uk

References

Visible links
1. mailto:[email address]
mailto:[email address]
2. http://www.ico.org.uk/
3. mailto:[East Sussex County Council request email]
4. http://www.eastsussex.gov.uk/foi

Freedom of Information, East Sussex County Council

 

Dear Mr M Mattingley

 

FOI Request ref:  7893/ COST OF Hiring external Educational Legal
consultents or barristers for SEN Tribunal

 

Please see amended response

 

Thank you for your request for information about the above, which has been
dealt with under the terms of the Freedom of Information Act 2000. Your
request and our response are set out below. Please note that any
information we provide is subject to the copyright and reuse of
information terms and conditions set out at the bottom of this email.

 

REQUEST

 

Please supply annual cost of hiring legal representation from solicitor
firms /Barristers for appearing at SEN TRIBUNAL and for all preparation
for said SEN Tribunal for ESCC ,against Parents or  Guardians  of Children
with SEN.

Please detail cost of Barristers ( or solicitors dealing with whole case)
for ALL  months from January 2015 , February 2015, March 2015, April 2015,
May 2015 etc June 2015, July 2015, August 2015, September 2015, October
2015, November 2015, December 2015, January 2016,  etc etc -- --- Up to
and INCLUDING  OCTOBER  2016.

 

PLUS

 

Please also  supply  separately from above the cost of SEN Consultants  (
Such as J. Harniman of Write Answer Ltd but NOT limited to) used for
Tribunal Process and appearance at Tribunal on behalf of ESCC against 
Parents / Guardians of Children of SEN.

 

PLEASE supply monthly cost  of ALL these consultants for each separate
month from

January 2015 ,    February 2015,   March 2015,   April 2015  May 2015 ,
June 2015  etc ----------------------- Up to  and INCLUDING  OCTOBER 2016.
( as above)

 

Please do not include any staff members that are employed exclusively by
ESCC as an employee.But ONLY  give costs for legal firms or advisory /
consultancy firms  that are used by ESCC on a regular or even occasional
basis as required.  They can still work for others requiring their legal
expertise and will be available to hire by ESCC on a part time basis as
required.(such as BAKER SMALL is in other parts if England)

 

 

RESPONSE

 

Please supply annual cost of hiring legal representation from solicitor
firms /Barristers for appearing at SEN Tribunal and for all preparation
for said SEN Tribunal for ESCC, against Parents or Guardians of Children
with SEN.

 

Below is the cost of payments for external Barristers to attend Tribunal
cases – Barristers are only requested if parents have legal
representation.

 

Financial Year Amount
2015/2016 £46,696.53
2016/present £34,742.14

 

 

Please detail cost of Barristers (or solicitors dealing with whole case)
for ALL months from January 2015, February 2015, March 2015, April 2015,
May 2015 etc. June 2015, July 2015, August 2015, September 2015, October
2015, November 2015, December 2015, January 2016,  etc. -- --- Up to and
including October 2016.

 

Please see the below table. The figures are based upon sap recharges which
will not be the date counsel is instructed. All figures include VAT

 

Month Year Counsel Fees SEN
January 2015 £0.00
February 2015 £6,528.00
March 2015 £0.00
April 2015 £2,441.80
May 2015 £300.00
June 2015 £3,169.45
July 2015 £9,050.00
August 2015 £4,897.20
September 2015 £2,195.70
October 2015 £9,518.74
November 2015 £0.00
December 2015 £6,150.90
January 2016 £3,751.50
February 2016 £3,780.00
March 2016 £2,580.00
April 2016 £6,558.00
May 2016 £1,340.00
June 2016 £9,185.40
July 2016 £8,124.50
August 2016 £2,160.00
September 2016 £3,756.56
October 2016 Not yet held

 

Please also supply separately from above the cost of SEN Consultants (Such
as J. Harniman of Write Answer Ltd but not limited to) used for Tribunal
Process and appearance at Tribunal on behalf of ESCC against Parents /
Guardians of Children of SEN.

 

ISEND employed one temporary Tribunal consultant – J Harniman during the
period requested – she no longer works for the LA – through an agency
contract.  A new temporary SEN Tribunal consultant began work in October
2016.  As there is effectively only one individual to whom the cost
relates, we are unable to provide the cost as it would constitute salary
information. This personal data, as defined by Section 1 Data Protection
Act 1998. Such information is exempt from disclosure under section 40(2)
of the FOI Act and we will therefore not be providing it.

 

Please supply monthly cost of all these consultants for each separate
month from

January 2015, February 2015, March 2015, April 2015, May 2015, June 2015
etc. ----------------------- Up to and including October 2016. (As above)

 

See answer above.

 

Please do not include any staff members that are employed exclusively by
ESCC as an employee. But only give costs for legal firms or advisory /
consultancy firms that are used by ESCC on a regular or even occasional
basis as required.  They can still work for others requiring their legal
expertise and will be available to hire by ESCC on a part time basis as
required.

 

 

I hope that this answers your enquiry. If you believe that the County
Council has not complied with the FOI Act in responding to your request,
you may ask for an internal review. If you wish to do so, please set out
the grounds of your appeal in writing to:

 

Philip Baker, Assistant Chief Executive, East Sussex County Council,
County Hall, St Anne’s Crescent, Lewes, East Sussex. BN7 1UE.

or by email to him at [1][email address]

 

Please quote the FOI reference number in any communication regarding this
particular request.

 

If you are not content with the outcome of the internal review, you then
have the right to apply directly to the Information Commissioner for a
decision. Generally, the Information Commissioner cannot make a decision
unless you have exhausted the County Council’s internal review procedure
as described in the previous paragraph. The Commissioner can be contacted
at: Information Commissioner's Office, Wycliffe House, Water Lane,
Wilmslow, Cheshire, SK9 5AF. Tel: 0303 123 1113.  [2]www.ico.org.uk

 

Yours sincerely

 

Jeremy Coleman

Customer Information Officer

 

East Sussex County Council

Communities, Economy and Transport

W1D, County Hall

St Anne’s Crescent

Lewes

East Sussex BN7 1UE

 

Phone: 01273 482913
Fax: 01273 481208

email: [3][East Sussex County Council request email]   web: [4]www.eastsussex.gov.uk/foi

P    please consider the environment - do you really need to print this
email 

Copyright and Re-Use of information

1. Providing you with documents under the Freedom of Information Act does
not give you an automatic right to re-use those documents in a way that
would infringe copyright – for example by making multiple copies, or by
publishing / issuing copies to the public.

2. Copyright in the information is owned by East Sussex County Council
and/or its contractor(s) unless otherwise stated. Brief extracts of the
material can be reproduced under the “fair dealing” provisions of the
Copyright Design and Patents Act 1988 (S.29 and S.30) for the purposes of
research for non-commercial purposes, private study, criticism, review and
news reporting.

3. We do not give permission for this information to be used for the
purposes of direct marketing.

4. If you wish to use this information then, in accordance with the
Regulations on the Re-use of Public Sector Information 2015, you must
first ask our permission. Such re-use may or may not involve the granting
of a licence and the application of a Fee.

 

 

 

 

This message is intended for the use of the addressee only and may
contain confidential or privileged information. If you have received it in
error please notify the sender and destroy it. You may not use it or copy
it to anyone else.

E-mail is not a secure communications medium. Please be aware of this
when replying. All communications sent to or from the County Council
may be subject to recording and/or monitoring in accordance with
relevant legislation.

Although East Sussex County Council has taken steps to ensure that this
e-mail and any attachments are virus free, we can take no responsibility
if a virus is actually present and you are advised to ensure that the
appropriate checks are made.

You can visit our website at http://www.eastsussex.gov.uk

References

Visible links
1. mailto:[email address]
mailto:[email address]
2. http://www.ico.org.uk/
3. mailto:[East Sussex County Council request email]
4. http://www.eastsussex.gov.uk/foi