Job info |
Job info details |
Job title |
SEND Mediation Officer |
Strategic team/Directorate |
Children's Services |
Service |
Education Learning and Skills |
Business unit |
SEND |
Responsible to (day to day issues) |
Head of SEND Improvement |
Accountable to (line manager) |
Head of SEND Improvement |
Salary grade |
I |
JE ref |
SS81 |
1. Key purpose of job
- To be accountable for SENDIST processes and ensure that each appeal is handled efficiently and all statutory deadlines dates for submissions are met and that all case preparation, liaising with families and multi-agency professionals as required.
- Prepare and write Court statements for Appeals and Tribunals, including presenting those statements, as the LA representative, at hearings as required.
- Prepare and write complex Education, health and care plans as working documents in accordance with Tribunal rules.
- Litigation and judicial review/complaints or inquiries to MP/members/the Local Government Ombudsman (including but not exclusively the Children and Families Act 2014, SEND Code of Practice 2015, SEND Regulations 2014, Equalities Act 2010).
- Maintain and share through delivery of training and support, up-to-date in-depth knowledge and understanding of legislation related to SEND, statutory requirements, legal guidance, SEND case law, procedures governing the Education Health and Care Plan (EHCP) process, special educational needs and disability tribunal (SENDIST).
- To recommend areas for service improvement to the Head of SEND Improvement, based on feedback and information obtained as a direct result from training and support given and assist in developing practice which reduced the Local Authority’s exposure to the risk of appeals to Tribunal, litigation and judicial review/complaints or inquiries to MP/members/the Local Government Ombudsman.
- Ensuring accurate and up to date data management is maintained and captured relating to the Tribunal and Mediations cases to contribute towards the relevant management information dashboards.
- Respond to FOI’s, SARs litigation and judicial review/complaints or inquiries to MP/members/the Local Government Ombudsman relating to Tribunals and Mediations in a timely and accurate manner as and when required.
- To support the induction of new members of staff within the SEND Team.
- To be accountable for and support others including the SEND team, local area professionals from health and care and key stakeholders to prepare for tribunals, appeals and mediation.
- To collate and review information and contributions to the SENDIST Tribunal service, work proactively to mitigate, where possible the level of Tribunals and appeals and support with documentation.
- Provide specialist, expert advice, opinion, interpretation, guidance and support to colleagues, service users and partner agencies on the legislative process and framework, and assist the Local Authority in decisions on whether or not to oppose individual Tribunal appeals.
2. Anticipated outcomes of post
- The local authority is compliant in their legal obligations to SENDIST (Tribunals and Appeals).
- We resolve possible disputes in relation to SEND in a restorative way.
- Learning and training is shared with partners across education, health and care on Tribunal and Appeals processes.
- To endorse restorative working and create a working relationship and mediatory approach with parents/carers and young people in relation to possible SEND disputes. In turn reducing the number of appeals and formal mediation.
3. List key duties and accountabilities of the post
- Responsible for safeguarding and promoting the welfare of children at all times.
- To actively promote a co-production approach, driven by solution focused and restorative practice, with parents/carers and young people and professionals involved in relation to SEND to ensure best provision and outcomes for our children and young people.
- To actively promote local information advice and guidance.
- To share with all those called to appeal and Tribunal in the local area across education, health and care to promote an in-depth understanding and knowledge of:
- The stages of the SEND appeal process, including preparation for attendance at hearings.
- SEND decision making – the key factors that lead to robust and sustainable decisions.
- The different roles and responsibilities of multi-disciplinary professionals.
- To understand and develop SEND legal training appropriate to appeals and tribunals including case law and changes in the SENDIST system for all of the local area.
- To assist with monitoring arrangements for regional mediation.
- To provide support and challenge to local area partners in education, health and care to ensure local area policies and information complies with national guidance.
- To report regularly to management on the overall findings from training and support given, highlighting areas of concern and recommending remedial action.
- Attending and sharing information from regional Tribunal User meeting.
- To ensure all correspondence is written in a sensitive and appropriate manner taking into account the audiences for which it is intended.
- Responsibility for managing the individual appeals to SENDIST/legal proceedings, by liaising with relevant managers and engaging all key partners in preparation for the appeals which includes:
- organising and attending “tribunal prep” and “way forward” meetings, working collaboratively with families and multi-agency professionals as required in each individual case.
- identifying and providing support to LA rep and witnesses who will be attending the hearing.
- preparation of LA case statements with a strong eye for accuracy and detail to support pleadings and ensure that all responses for SEND are approved by the relevant officers across the Local Area, including Local Authority (Education) in all cases and Local Authority (social care), Adult Social Care and Health (NHS and ICB) in extended appeals, within the appropriate timeframes.
- obtaining and collating all relevant evidence documents to ensure comprehensive, coordinated and efficient responses.
- submitting tribunal responses.
- creating, consulting and submitting “requests for change” as required.
- creating and submitting working documents where required.
- creating and submitting request for disposal via consent order in cases where all issue in appeal have been settled prior to a hearing.
- creating legal bundles for submission in a timely manner and within deadlines set by the tribunal and sharing them with all attending the individual hearings.
- ensuring tribunal Decisions and Orders are shared and complied with.
- Being available to present cases as the LA representative in appeals and mediations upon request as required.
- To respond to and track requests for mediation/appeals and tribunals.
- To collect relevant data on informal mediation/mediation, appeals and tribunals.
- To be involved with writing or buddying EHC needs assessment outcomes, new or amended EHCPs and supporting casework officers in cases which appear likely to progress to appeal.
4. Budgetary/Financial Responsibilities of the post
- The post holder should monitor the budget for mediations to the commissioned service to ensure that Torbay pre purchase sufficient mediations per annum and do not have excessive overspend on this aspect of the SEND budget.
5. Supervision/Line Management Responsibilities of the post
6. Working environment and conditions of the post
- Normal working environment and conditions.
7. Physical demands of the post
8. Specific resources used by the post
- Use of mobile office technology as part of agile working, i.e. laptop, mobile phones.
9. Key contacts and relationships
- External - Liaison with all partners involved with young people with SEND in the local area.
- Internal – Liaison with SEND Team, social workers and other relevant staff involved with parents/carers and children/young people. Working with staff at levels within the Council.
10. Other duties
- To undertake additional duties as required, commensurate with the level of the job.
Other Information
- All staff must commit to Equal Opportunities and Anti-Discriminatory Practice.
- The Council operates a Smoke-Free Policy and the post-holder is prohibited from smoking in any of the Council's buildings (including Council owned and Council leased buildings, but excluding designated areas in residential schemes), enclosed spaces within the curtilage of buildings, and Council vehicles. The Council does not permit smoking breaks within work time, however, in services where the flexi-scheme is in operation, employees may take reasonable break times outside of core hours, in accordance with flexi-time arrangements. Employees should follow the flexi-scheme procedure for agreeing time away from their duties in the normal manner with their immediate colleagues and line manager, with break start and finish times being recorded, as with any other break-time arrangement.
- The post-holder is expected to familiarise themselves with and adhere to all relevant Council Policies and Procedures.
- This post is eligible for both hybrid and permanent home working.
- The post-holder must comply with the Council’s Health and Safety requirements as outlined in the H&S policy appropriate to the role.
- The post-holder must be committed to the Council’s Core Values for employees – “Torbay Council employees are committed to being forward thinking, people orientated and adaptable - always with integrity”. Evidence will be sought during the probation and appraisal processes.
- If you are required to access a government system such as HMRC, DWP or The Public services network (PSN) as part of your role with the Council you will be required to complete a basic disclose with your line manager before you can access these systems. Your manager will be required to complete a verification form that confirms your identity, nationality and immigration status, employment history and unspent convictions (third party).
- As this post meets the requirements in respect of exempted questions under the Rehabilitation of Offenders Act 1974, all applicants who are offered employment will be subject to a criminal record check (Disclosure) from the Disclosure & Barring Service before the appointment is confirmed. This will include details of ALL cautions, reprimands or final warnings as well as convictions, whether “spent” or “unspent”. Criminal convictions will only be taken into account when they are relevant to the post.
- Torbay Council is committed to safeguarding and promoting the welfare of children and applicants must be willing to undergo the checks appropriate to the post applied for.
- As this post meets the requirements of the Immigration Act 2017 (part 7) the ability to converse at ease with members of the public and provide advice in accurate spoken English is essential for the post.
Person Specification
Note for Candidate
All Candidates
The supporting statement on your application form will be used to assess ability to meet the essential requirements of the role, so you should explain how you meet each of the numbered essential requirements within your supporting statement.
In a competitive situation, the desirable criteria may be taken into consideration, so you are encouraged to show how you also meet each of the desirable criteria.
Candidates who consider that they have a disability
Reasonable adjustments will be made to the job, job requirements or recruitment process for candidates with a disability.
If you consider yourself to have a disability you should indicate this on your application form, providing any information you would like us to take into account with regard to your disability in order to offer a fair selection interview.
Where ever possible and reasonable we will make adjustments and offer alternatives to help you through the application and selection process.
If you have indicated that you have a disability on your application form you will be guaranteed an interview if you clearly demonstrate in your supporting evidence how you broadly meet the essential requirements of the role.
Job info |
Job info details |
Job Title |
SEND Mediation Officer |
Strategic team/Directorate |
Children's Services |
Service |
Education Learning and Skills |
Business unit |
SEND |
Skills and effectiveness
Essential skills and effectiveness
- Expert knowledge and understanding of the SENDIST and appeals process.
- Comprehensive and cohesive legal report writing skills, the ability to present in Court and explain legal information and decision making.
- Legal understanding and knowledge about the right to appeal and SEND legislation.
- Restorative practice and skills of mediation and professional conduct in a court of law.
- Excellent written and verbal communication skills with the ability to analyse and interpret complex legal documents.
- As this post meets the requirements of the Immigration Act 2016 (part 7), the ability to converse at ease with members of the public and provide advice in accurate spoken English is essential for the post.
- Mediation and restorative practice skills, the ability to manage relationships whilst maintaining robust decision making.
- EHCP writing skills.
- Amendment EHCP writing skills.
- Able to effectively use information technology to carry out the duties of the post.
- Able to work on own initiative with a pro-active and flexible approach, and the ability to systematically organise workload, managing constraints and conflicting demands.
Desirable skills and effectiveness
- Extensive SEND casework experience and knowledge of working with children and young people with SEND in schools.
Knowledge
Essential knowledge
- SEND legislation and understanding of SEND legislation.
- Interpretation of Case law and up to date knowledge on recommendations from High Court.
- SEND code of practice and the implementation of the Green paper.
Desirable knowledge
- Schools as systems.
- Social care thresholds.
- ICB and health contributions to EHCP and Appeals.
Experience and achievements
Essential experience and achievements
- Extensive experience of working with SENDIST and submission of Tribunals and appeals paperwork.
- Extensive experience of working within SEND and the EHCP Code of Practice.
- Up to date SEND Legislation knowledge.
- Evidence of the ability to mediate and mitigate escalation.
Desirable experience and achievements
- Restorative practice deep dive.
- Experience in schools.
Qualifications/professional memberships
Essential qualifications/professional memberships
- Educated to GCSE O Level standard or equivalent.
- Educated to A level standard or equivalent.
- Educated to Degree level or equivalent.
Desirable qualifications/professional memberships
- A Degree in Law or similar.
- SEND law specific qualifications (e.g., IPSEA level 3 modules).
Other requirements
Other requirements of the job role
- Demonstrates a commitment to safeguard and promote the welfare of children and young people.
- Ability to travel efficiently around the Bay/South West/UK in order to carry out duties.
- Ability to accommodate occasional/permanent home-working.