Please read and agree to these Terms and Conditions (T&Cs). By using our services, you agree to these T&Cs.
Definitions used throughout these T&Cs.
Pro-Sen Initiative referred to as, “Pro-Sen”, “we” or “us” or “our”
Clients referred to as “clients” or “parents” or “you” or “your”
Work carried out by us on your behalf referred to as a “case” “matter” or “casework”
1. Pro-Sen Initiative is a consultancy service. We provide support to navigate through the EHCP process. This includes, but is not limited to, representation for parents/young people with special educational needs and disabilities (SEND) in communication with the relevant Local Authority and SENDist. We are an independent body.
2. We endeavor to provide you (parents) with information based on statutory law, appropriate steps and advice. Should we not have the expertise in any area you seek support, we will signpost you on to another appropriate provider.
3. Consultants representing Pro-Sen Initiative are not legally qualified, however there is no legal requirement for persons representing parents in appeals to the Special Educational Needs & Disability Tribunal (SENDIST) to be formally qualified in law. Our consultants are parents of children with SEND, having significant experience in supporting parents of children with SEND and the SEND framework. All our consultants are part of the Expert By Experience Focus Group as part of the Midlands Autism Programme overseen by NHS ENGLAND and NHS IMPROVEMENT.
4 Any information received by Pro-Sen Initiative is automatically treated as confidential. The only exception to this is where we have grounds to believe a child is at risk. In such cases, we reserve the right to inform the appropriate authorities. We would inform you if we took this action.
5. For quality, training and publicity we may monitor or record any communication between you and Pro-Sen Consultants.
6. Pro-Sen Consultants will not be held responsible for any acts arising from the supply of incorrect or incomplete information either by you or third parties, or if you or others fail to act on our advice or respond promptly to communications from us or other parties.
7. Pro-Sen will not be held responsible for any misrepresentation, intentional or unintentional, supplied to us orally or in writing or via other communication methods.
8. You agree that you will not bring any claim in connection with consultancy services provided to you by Pro-Sen Initiative or our Consultants on a personal basis.
9. If you have any cause to complain about any aspect of our work, please email Pro-Sen Initiative:
pro-sen@outlook.com.
10. We endeavor to communicate via email to ensure we are responsive and timely in communication. This is our preferred method of communication but reasonable adjustment can be made at the
clients request should email not be an accessible means of communication.
11. We do not accept responsibility for any errors or problems that may occur using email. All risks connected with the passage of such information shall be borne by you. If you do not agree to accept this risk, you should notify us in writing that email is not an acceptable form of communication.
12 We do not accept service or correspondence via encrypted email.
13 Your case/matter will be managed by a consultant representing us. We may outsource your case to another independent organisation in exceptional circumstances such as if your consultant needs to take bereavement leave.
14. We will update you on matters relating to your case as often as possible and within a reasonable timeframe.
15. We will use statutory guidance, regulations, and codes of practice to inform our knowledge and expertise to provide the best possible legally accurate support..
16. We will respect your views and understanding of your child/children regardless of our personal opinion.
17. Our hours of work are based on caseload and are flexible in order to meet the demands placed on Pro-Sen Initiative.
18. All work at Pro-Sen Initiative is done on a private costs’ basis. The work is not being done on a “no win no fee” or a “conditional fee” basis. Pro-Sen Initiative fees are due regardless of the outcome of the case and by accepting our service you abide by that condition.
19. When you instruct us, we will require payment in full of the invoice prior to commencing work on flat rate packages, we reserve the right to cancel work on your case if we are not paid in full. A delay in payment can impact on legal timeframes which can be detrimental to a case. We would not continue with a case that has been compromised by delay due to a late payment. We will not commence work until payment is made in full. Payment is made electronically via BACS.
20. Per hourly packages we require payment within 5 working days of the date of invoice. Payment is made electronically via BACS.
21. All papers/electronic files remain the property of Pro-Sen Initiative until payment is received in full.
22. On initial contact we will provide a 60 minutes consultation, this consists of independent advice and information and carries an hourly charge.
23. Our chargeable casework is listed below:
• Case briefing with you and others relevant parties
• Reading, writing and responding to letters and emails
• Research and formulating representations
• Daily case management
• Travel, Preparation and attendance at meetings/Tribunal
24. Pro-Sen Initiative offer no guarantee that an appeal will be successful. We will endeavor to advise you at initial consultation on the prospects and potential case outcome, once you decide to proceed and instruct us, you also agree to pay our costs.
25. Appeals to SENDist require hours of preparation and consultation with the Local Authority, and it is reasonable for Pro-Sen Initiative to apply the following:
• Should the Local Authority not oppose your appeal by the sixth week of the process you will still be responsible for paying all costs incurred by Pro-Sen Initiative.
• Should you decide to withdraw your appeal or, the Local Authority concedes an appeal or, agreement is reached without the need for a hearing, you are responsible for paying the full fixed cost of the appeal.
26. Our appeal costs do not include the costs associated with instructing independent professionals e.g. psychologists and therapists, which may be required. Whilst we can assist in identifying independent professionals, arranging, and funding their work is your responsibility.
27. Should you at any point decide you do not want us to represent you, you should notify us in writing. We will invoice you for the work we have done. Until that invoice has been paid, we will retain any of your papers.
28. We may decide to stop working on your behalf in the following circumstances, this list is not exhaustive:
• An invoice or request for a payment is outstanding for more than 15 days.
• We cannot continue to act without being in breach of our duty to the SENDist or any other body we may appear before.
• We are unable to obtain clear instructions from you.
• You require the case to be conducted unreasonably.
• There has been a breakdown of confidence between us.
. Should you seek alternative advocacy advice while being supported/represented by Pro-Sen Initiative we will no longer be able to support/represent you, in order to prevent confusion and disparity in advice given.
29. Should we decide to stop acting on your behalf, we will write to you notifying you of our intentions. We will also inform the relevant bodies that we are preparing the case against and Tribunal/Respondent to advise them of our intention.
30. In the rare event that a Hearing date is a day the Pro-Sen Court Representative cannot attend we will request that the Hearing date is changed.
31. Any sharing of communication with Pro-Sen initiative, including, but not limited to: recordings of meetings, telephone calls or any other digitally recorded communication is at the request and permission of Pro-Sen Initiative.
Please note appealing to a Local Authority Decision: Legal Aid is available for parents or young people over the age of 18 who may meet the financial threshold for eligibility. The scheme is administered through the Legal Aid Agency and is means tested. Pro-Sen Initiative cannot take on Legal Aid cases. Parents can use the following web address to check for legal aid support:
https://www.gov.uk/check-legal-aid.
For further information please email: pro-sen@outlook.com
