Tribunal, mediation and complaints officer

Accountabilities:

• Plan and organise work to ensure the delivery of those aspects of the service for which responsible. Ability to work with minimum supervision, balancing using own initiative against need to seek management guidance. Ability to work to tight statutory deadlines, be flexible in approach and have good general IT skills.
• Negotiate with outstanding written and verbal communication skills and a strong eye for accuracy and detail.
• Apply knowledge and understanding of the impact of SEND on children and young people’s educational outcomes.
• Lead on any developments in disagreement resolution/mediation/tribunal practice related to the SEND Reforms.
• Undertake/support consultation procedures. Identify issues, resolving as appropriate and escalating complex problems if necessary.
• Oversee and manage all complaints (including Ombudsmen, MP/member enquiries) in an efficient manner ensuring that all correspondence is responded to in a timely manner and responses are of the highest quality.
• Collate, process and analyse complex information. Ensure all required records and information are maintained correctly.
• Ensure information is managed efficiently and accurately and that data is recorded and stored in compliance with national standards and can only be shared, as appropriate, with other agencies.
• Represent the Local Authority at SEND Tribunal Appeal hearings and mediations including drafting all pleadings and follow up case work.
• Take responsibility for ensuring computerised information is accurate and up to date at all times. Data management to be maintained relating to the Tribunal and Mediations cases and written papers provided as required for service managers, councillors or other such bodies in accordance with LA policy and legislation.
• Use management information and data to develop a framework and policies to help improve efficiency and effectiveness of the service and to ensure consistency of decision making through EHC assessments, plans and annual reviews. Monitor the amount and impact of all disagreement resolution activity within the service through close liaison with case managers and other staff within the service.
• Contribute to the wider SEND service aspirations, identifying opportunities to achieve integrated working on a multi-agency basis. Work as an effective team member within the wider SEND service.
• Respond to FOIs relating to Tribunals and Mediations in a timely and accurate manner as and when required.
• Prepare and present results/responses/reports/recommendations including accurate, complete and relevant info for internal and/or external use. Issues to be clearly summarised, progress and implications reported and council’s position clearly stated.
• Provide specialist, expert advice, opinion, interpretation, guidance and support to colleagues, service users and partner agencies on the legislative process and framework, including decisions on whether council opposes the Tribunal appeals. Manage queries/complaints and complex issues effectively through to a satisfactory conclusion or escalate as necessary.
• Follow policies, procedures and controls ensuring that the area of responsibility is compliant with all relevant legislation, codes, regulations, guidelines, standards and best practice. Provide a clear record of actions, circumstances and decisions and identify problems.
• Provide regular statistical information about Tribunal appeals and outcomes of hearings, including cost information. Ensure service overview of all SENDIST appeals is up to date and accurate so that all deadlines are met, particularly the LA's reply and responses to directions.
• Ensure risk to the Council/customers is minimised. Manage issues through to a satisfactory conclusion or escalate if appropriate. Ensure information, advice and support are accurate, timely and constructive.
• Support Managers to ensure they manage early stages of disagreement resolution, to maintain consistency of contact with the service for parents and minimise the transfer of cases between officers. Provide support to case managers where disagreement resolution is likely to take place over a long period of time and deal with particularly complex and intractable cases as requested by the Head of SEN/SEN Service Manager.
• Work with Case Managers to identify complex cases where parental preference for phase transfers may be contentious and where pro-active intervention may reduce the likelihood of appeals to tribunal and take relevant follow up action.
• Prepare information for Management Team for agreement where part funding arrangements or conceding of a tribunal is being recommended.
• Decisions will be made based on Council procedures. The Officer will operate within the legislative framework informed by the SEND Code of Practice 2015, Children and Families Act 2014, Equalities Act and other relevant statutes.
• Promote the policy of inclusion of children and young people with SEN in mainstream or maintained special schools wherever possible drawing on strong negotiation and influencing skills across a range of complex SEN issues between parents, schools and multi-disciplinary practitioners. Maintain a safe, supportive and welcoming environment where all people are treated with dignity and their identity and culture are valued and respected.
• Ensure a seamless approach across the SEN service in the delivery of the service and customer care, including a timely upload of all documentation referring to a child or young person’s case under appeal and a complete handover to the SEN team. Ensure all documentation linked to SEN appeals is distributed appropriately and within specified time restraints.
• Work directly with parents, schools, parental appointed legal representatives, witnesses and other professional bodies within the statutory and legal framework related to the Special Educational Needs and Disability Tribunal process, liaising with the Borough Solicitor/Counsel as appropriate.
• Support colleagues to prepare chronologies and any other necessary paperwork, arrange and chair conferences with witnesses and perform other duties in relation to First Tier Tribunals and Appeals.
• Attend resolution meetings with parents and other professionals in an attempt to settle disputed issues without the need for formal legal redress wherever possible.
• Offer coaching and training to service members and case managers to ensure consistency of approach, sharing and promoting best practice through the dissemination of statutory guidance and the learning from case studies in relation to disagreement resolution and tribunals.
• Deliver training on disagreement resolution and tribunals which would include Educational Psychologists, NHS therapy staff and other professionals as required.
• Implement disagreement resolution procedures within SEN to ensure that attempts are made to resolve as many disagreements with parents as possible with a view to reducing the number of appeals to the SEN and Disability Tribunal.
• Identify and escalate any budget risks and monitor the factors which have the most significant influence on Tribunal outcomes in order to inform learning within the section and with colleagues in schools and other agencies.
• Set and monitor individual and team performance standards in relation to Mediations and appeals.
• Attendance at complex Annual Review or other meetings where required particularly where complex legal or funding issues may arise and in particular in cases where Tribunal hearings are pending or have already been held. This will include relevant preparatory and follow up work such as liaison with/providing advice to parents, schools, other professionals and case managers.
• Contribute to departmental working groups as required, and ensure that disagreement resolution procedures are followed, where necessary, where changes are planned to a pupil’s education as a result of school reorganisations.