January 2012

GOSH, THAT WENT QUICKLY …

Wow, where did 2011 go?  I cannot believe it’s 2012 already. 

They say that ‘time flies when you’re having fun’ so that must be the excuse; I must have had a lot of fun last year!

This is my normal New Year Update. For those of you that haven't received one of my updates before, I like to send out a couple of emails every year in January and then May/June if possible, where I try and share a summary of useful information about what is happening in the world of SEN (special educational needs). I usually only give a summary and then provide links to more detailed information which people can click on to find out more if people are interested. I also use my updates as an opportunity to share some of my personal news.

I see that I actually sent out six emails last year. I must have had a lot to say!

In this update you will find articles entitled:

• Last Year
• Forthcoming SEN Events
• Other Useful Information 'Online'
• You Can't Win Them All
• Other News
• 'Ain't No Mountain High Enough...'

As always, please feel free to skip to sections that interest you or to read everything! It is up to you….

LAST YEAR
Last year was an interesting one for those of us involved with SEN issues, since we started to really see the impact of the austerity cuts from the year before. Unfortunately, it looks like things may stay the same this year or even get worse. Both parents of children with SEN and Local Authorities (LAs) have told me personally that SEN cases are becoming harder/more complicated.

I guess it is all supposed to be for the ‘greater good’ as the younger Professor Dumbledore said in the last Harry Potter book/movie. But it still doesn’t feel very good, does it?

FORTHCOMING SEN EVENTS
Over the next few months, there seem to be some very good events to attend if you are concerned with SEN matters. 

Firstly, on 26th January 2012 there is the Westminster Education Forum Keynote Seminar on ‘The next steps for supporting young people with Special Educational Needs’ which is being held at Sixty One Whitehall in London. There are a number of good speakers to listen to and I am looking forward to going myself. You can view the most up-to-date agenda here.

Then on 6th March 2012 there will be this year’s annual Jordan’s SEN Conference (click here for the most up-to-date details). At the time of my writing this, the speaker list is not confirmed but I understand that people like Judge Simon Oliver, Tribunal Judge Meleri Tudur, David Wolfe (Barrister) and Jane McConnell (IPSEA) may be delivering papers.

I will also be giving a paper entitled ‘Is An Annual Review Now Just An Annual Review? (The New Right To Appeal Against A Decision Not To Amend A Statement Following An Annual Review – 18 Months On)’. I hope that you can join us. Jordans seems to be an essential yearly event to attend now for anyone involved with SEN issues.

Finally, there is the 'Kidz in the Middle' exhibition at the Ricoh Arena, Coventry on 29th March 2012 which I spoke about in my last September update. It is one of three of the largest, FREE UK exhibitions organised by Disabled Living, who say that they are totally dedicated to children with disabilities and special needs, their families, carers and the professionals who work with them.

OTHER USEFUL SEN INFORMATION ‘ONLINE’
As many of you already know, I take a lot of pride in the fact that our website (www.SpecialEducationalNeeds.co.uk) provides a lot of free information and resources on SEN for people to read/download and has done this now for almost seven years. During 2011 I was impressed to also see some other useful items of information appear online which I wish to refer you to as I feel it may be helpful for people to see if they are involved in some way (either as parents or professionals) with children with SEN. 

The first was the publication of 40 new factsheets by IPSEA on a range of topics which they say is to help parents take action with common SEN issues covering a range of common scenarios. You can find and download them here.

Then there was the publication of a paper by Steve Broach, a barrister at Doughty Street Chambers, and a specialist on the rights of disabled children, entitled ‘Cemented to the Floor by Law: Respecting Legal Duties in a Time of Cuts’ which is endorsed by the Council for Disabled Children. It considers legal duties in the context of current public sector spending cuts.  You can read it for yourself here.

By chance, I also came across a very comprehensive general summary of the Education Act 2011 which received Royal Assent on 15 November 2011. You can find it here. Although the Act does not relate directly to SEN matters, it deals with it indirectly as it covers things like ‘Admissions’ and ‘Exclusions’, ‘Academies’, ‘Complaints’ and ‘Post-16 Education and Training’.

Finally, my good friend and professional colleague, David Wolfe, a leading barrister on Education Law from Matrix Chambers, set up a website outlining the answers to the most comment questions he is asked about ‘Academies’ which he amusingly has entitled ‘A Can of Worms’ (those of you who know about the difficulties with 'Academies’ and children with SEN will understand why). 

I have also produced a couple of new webpages with the help of one of my colleagues, Helene Israel, to summarise the latest DfE statistical release regarding statements which was issued on 19 August 2011 and also an analysis on the Special Educational Needs Information Act 2011 which you can also read a full copy here.

YOU CAN’T WIN THEM ALL
So what about my news? I first need to tell you at the outset that I did not win the Law Society award for ‘Solicitor of the Year (Private Practice)’ in October 2011, after being shortlisted. But I had a really fantastic time going to the black-tie awards ceremony.  In case you would like to see, here is a photo of me with my wife and her parents, together with some professional colleagues and the parents of 'K' (see below) which was taken on the night.

OTHER NEWS
2011 was also a very good year for me personally for a number of other reasons.

Firstly, our firm (which is now in its 7th year) continues to do well.  One of our major achievements of the year was helping one of our clients make important new law in the case of K v Hillingdon LA. This now requires LAs/SEND Tribunals to consider the wider social care and health benefits for a child, not just their educational needs, when considering placements.  You can read more in my July 2011 update here.

We were also delighted again with the comments made about us in the legal directories which again kindly named me/us as joint number-one education solicitor/s in the UK, and stated that:

" The 'outstanding' team at specialist firm Douglas Silas Solicitors is 'efficient, kind and committed', and is a leader in Special Educational Needs (SEN) matters. It regularly represents children with cerebral palsy, Down's syndrome and autism.

Name partner Douglas Silas has 'extensive knowledge', provides 'faultless legal advice', and is 'pre-eminent in his field'.
[The Legal 500 2011/12]

  "This team wins high praise for its education and disability practice; market sources agree that it is "making waves" in the sector with its "ability to surgically cut through the overwhelming mass of information and get down to the salient elements." It is particularly noted for its expert handling of appeals before the SENDIST and its work negotiating settlements with local authorities. Clients praise the  "tight and helpful unit of staff" as well as highlighting the firm's informative website on special educational needs as a hugely useful resource.

Client Service "The team focuses our thinking as a client and offers genuine empathy."  

KEY INDIVIDUALS Firm head Douglas Silas remains a much-revered education law practitioner who "knows the industry inside and out." Sources agree that "the moment you sit down with him he is committed towinning the fight for your child.""
 [Chambers & Partners Guide to the Legal Profession 2012]

'AIN'T NO MOUNTAIN HIGH ENOUGH …'
And although I usually like to end my updates on a lighter note, I want to end this update by sharing with you an achievement of mine at the end of last year, of which I am very proud.

As you may already know, I am a physically disabled man who is affected by a degenerative neurological condition called Cerebellar Ataxia, which affects my speech, eyesight and mobility/balance/coordination (although I like to joke that it does not affect my life expectancy, cognition or sense of humour!) 

Using a specially-built recumbent bike/trike  I successfully completed a bike ride at the end of November 2011 to raise over £40,000 for a charity (Norwood) by riding 380 km over five days through the Negev Desert in Israel (from Jerusalem to Eilat).You can see a short video here if you are interested. 

I hope you do not mind me sharing this piece of good news with you.  I was very touched that some people who read my updates took the time and effort to sponsor me, for which I am very grateful.

I sincerely hope that 2012 brings you and your families all that you wish for yourselves.

Happy New Year!

With best wishes

Douglas

P. S. I always find it extremely helpful to learn what people think about these updates. Please take a minute to tell me what you think by clicking on January 2012 Update - "Your Thoughts"'. Many thanks in advance if you get the chance to do this.