Terms and Conditions of Business
Effective Date: 1 January 2026
These Terms and Conditions govern the provision of services by Pro-Sen Initiative. By instructing us to provide services, booking a consultation, purchasing a package, or otherwise engaging our services, you confirm that you have read, understood and agree to be bound by these Terms and Conditions.
Please read these Terms carefully before instructing us.
Throughout these Terms and Conditions:
"Pro-Sen Initiative", "Pro-Sen", "we", "us", or "our" means Pro-Sen Initiative.
"Client", "you", or "your" means the individual, parent, carer or young person instructing Pro-Sen Initiative.
"Consultant" means any consultant, representative or authorised associate acting on behalf of Pro-Sen Initiative.
"Case" means any work undertaken by us on your behalf, including advice, advocacy, document preparation, correspondence, tribunal preparation and representation.
"Services" means any consultancy, advocacy, guidance, document preparation or representation provided by Pro-Sen Initiative.
Pro-Sen Initiative is an independent SEND consultancy providing information, guidance, advocacy and representation for parents, carers and young people navigating the Special Educational Needs and Disabilities (SEND) system.
Our services may include, but are not limited to:
SEND advice and guidance;
Education, Health and Care (EHC) needs assessments;
Education, Health and Care Plans (EHCPs);
annual reviews;
mediation support;
drafting correspondence;
case preparation;
SEND Tribunal (SENDIST) representation;
attendance at meetings; and
ongoing case management.
Each case is unique. The services we provide will depend upon your individual circumstances and the package or hourly services you have instructed us to undertake.
We will exercise reasonable care and skill when providing advice and guidance.
Our advice is based upon:
current legislation;
statutory guidance;
the SEND Code of Practice;
Tribunal decisions where relevant;
our professional knowledge and experience.
Where a matter falls outside our expertise, we will advise you accordingly and, where appropriate, signpost you to another suitably qualified organisation or professional.
Advice provided by Pro-Sen Initiative represents our professional opinion based upon the information available to us at the time.
3. Consultant Experience and Qualifications
Consultants acting on behalf of Pro-Sen Initiative are not practising solicitors or barristers.
There is no legal requirement for representatives before the First-tier Tribunal (Special Educational Needs and Disability) to hold legal qualifications.
Our consultants combine extensive lived experience as parents of children with SEND together with significant practical experience supporting families through the SEND process.
Our consultants have substantial experience assisting clients with:
Members of our team are also involved in national SEND initiatives, including participation within the Expert by Experience Focus Group as part of the Midlands Autism Programme, overseen by NHS England.
All information supplied to Pro-Sen Initiative will be treated as confidential.
Information will only be shared where:
you have authorised us to do so;
it is necessary to provide our services;
we are legally required to disclose information; or
we believe there is a safeguarding concern involving a child or vulnerable person.
Where safeguarding concerns arise, we may disclose relevant information to the appropriate authority without your consent where permitted or required by law.
Where appropriate, we will inform you before doing so unless this would place someone at greater risk or prevent us from complying with our legal obligations.
Please also refer to our Privacy Policy for further information regarding how your personal information is collected, processed and protected.
5. Monitoring and Recording Communications
To improve the quality of our services, communications between you and Pro-Sen Initiative may be monitored or recorded.
Recordings may be used for purposes including:
Where recordings are used for promotional or publicity purposes, your separate consent will always be obtained beforehand.
6. Accuracy of Information
We will exercise reasonable care and skill in preparing advice, documents and correspondence.
Advice and documentation may be prepared with the assistance of technology, including Artificial Intelligence (AI), but every document is reviewed and approved by a Pro-Sen Initiative consultant before being provided to you.
We cannot accept responsibility for any consequences arising from:
incorrect, incomplete or misleading information supplied by you or third parties;
inaccuracies contained within documents supplied to us;
delays caused by third parties;
failure by you or others to act upon our advice;
changes in legislation, statutory guidance or Tribunal practice after advice has been provided.
We accept no responsibility for any loss or consequence arising from inaccurate, incomplete or misleading information provided to us by clients or third parties, whether supplied verbally, electronically or in writing.
Clients remain responsible for ensuring that all information provided to us is accurate to the best of their knowledge.
8. Claims Against Consultants
Any contract for services exists solely between you and Pro-Sen Initiative.
You agree not to bring any personal claim against an individual consultant, employee, contractor or representative of Pro-Sen Initiative in connection with services provided on our behalf.
If you are dissatisfied with any aspect of our service, we encourage you to raise your concerns with us as soon as possible so that we have the opportunity to resolve the matter promptly and fairly.
Complaints should be submitted in writing to:
Email: pro-sen@outlook.com
We aim to acknowledge complaints within five working days and respond as quickly as reasonably practicable.
10. Communication Methods
Our preferred method of communication is email, as this enables us to maintain an accurate record of correspondence and provide an efficient service.
We may also communicate by:
telephone;
video conferencing;
messaging platforms;
online meetings.
Where email is not accessible, reasonable adjustments will be made wherever possible to meet your individual needs.
Whilst we take reasonable steps to ensure secure communication, email is not a completely secure method of transmitting information.
By choosing to communicate with us by email, you acknowledge and accept the risks associated with electronic communication, including delays, interception or technical failures.
If you do not wish to communicate by email, you must notify us in writing before our services commence so that alternative arrangements can be discussed.
Unless agreed in advance, we are unable to accept service of documents or correspondence through encrypted email systems that prevent us from accessing or processing the information provided.
Where encrypted communication is required, suitable alternative arrangements may be agreed on a case-by-case basis.
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Your case will be managed by a consultant representing Pro-Sen Initiative.
We will allocate a consultant based on experience, availability and the nature of your case.
Whilst we aim to ensure continuity throughout your case, there may be exceptional circumstances where another consultant or an appropriately qualified independent associate undertakes part or all of your case. These circumstances may include, but are not limited to:
Where this occurs, we will endeavour to notify you as soon as reasonably practicable.
Any consultant acting on our behalf will be bound by the same confidentiality and professional obligations contained within these Terms and Conditions.
We understand that SEND matters can be stressful and that regular communication is important.
We will endeavour to keep you informed of significant developments affecting your case and respond to communications within a reasonable timeframe.
Response times may vary depending upon:
Urgent matters relating to statutory deadlines will always be prioritised wherever reasonably practicable.
15. Use of Statutory Guidance
Our advice is informed by current legislation and recognised guidance, including where applicable:
The Children and Families Act 2014;
The Special Educational Needs and Disability Regulations 2014;
The SEND Code of Practice;
Tribunal Rules and Practice Directions;
relevant case law; and
guidance published by the Department for Education.
As legislation and statutory guidance may change over time, advice reflects the legal position at the date it is provided.
16. Use of Artificial Intelligence (AI)
To support the efficient delivery of our services, Pro-Sen Initiative may use Artificial Intelligence (AI) tools to assist with administrative tasks and the preparation of documents.
AI may be used to assist with activities including, but not limited to:
drafting correspondence;
proofreading documents;
improving clarity and readability;
summarising lengthy reports;
organising information;
preparing templates;
producing administrative documentation; and
assisting with research.
Artificial Intelligence is used solely as a support tool and does not replace the knowledge, experience or professional judgement of Pro-Sen Initiative consultants.
Every document, letter, report or communication prepared with the assistance of AI is reviewed, amended where necessary and approved by a consultant before being shared with you or any third party.
Where AI is used, we take reasonable steps to protect your privacy by:
minimising the amount of personal information entered into AI systems;
removing identifying information wherever reasonably practicable;
using reputable AI providers with appropriate security and privacy safeguards; and
ensuring our use of AI complies with applicable UK data protection legislation and our Privacy Policy.
The use of AI does not create any warranty or guarantee regarding the outcome of your case. Responsibility for all advice and documents remains with Pro-Sen Initiative.
17. Respecting Your Views
We recognise that parents, carers and young people are experts in their own experiences.
We will always listen to and respect your views, experiences and knowledge of your child.
Whilst we may recommend a particular course of action based upon our professional experience, all significant decisions regarding your case remain yours.
Our working hours are flexible and are determined by the needs of our clients and the demands of active cases.
We do not guarantee availability outside normal business hours.
Where urgent statutory deadlines arise, we will make reasonable efforts to accommodate additional work where our workload permits.
Emails and messages received outside working hours may not be read until the next working day.
All services provided by Pro-Sen Initiative are supplied on a private fee-paying basis.
Unless expressly agreed otherwise in writing:
all fees are payable by the client;
fees are not conditional upon the success of your case;
we do not offer "no win, no fee" arrangements; and
payment is for the professional time, knowledge, expertise and work undertaken on your behalf, irrespective of the outcome achieved.
By instructing us, you acknowledge and agree to these payment terms.
Where a fixed-fee package has been agreed:
payment must be made in accordance with the payment instructions provided;
the agreed fee remains payable regardless of the outcome of your case; and
early settlement, Local Authority agreement or withdrawal of an appeal does not reduce the agreed fee unless we expressly agree otherwise in writing.
We reserve the right to suspend or decline work until payment has been received.
Failure to make payment promptly may affect statutory deadlines, for which we cannot accept responsibility.
Where work is charged on an hourly basis:
payment must be be made before work commences unless otherwise agreed;
time will be recorded in reasonable units;
invoices must be be paid in accordance with the payment terms stated on the invoice.
Where additional work becomes necessary beyond the original estimate, we will notify you wherever reasonably practicable before continuing.
22. Ownership of Documents and Intellectual Property
All intellectual property rights, including copyright and other proprietary rights, in the materials, templates, precedents, guidance notes, methodologies, processes and documentation created or owned by Pro-Sen Initiative remain the property of Pro-Sen Initiative unless otherwise agreed in writing.
Upon receipt of full payment of all fees due, you are granted a non-exclusive, non-transferable licence to use documents prepared specifically for your case for your own personal SEND matter.
Documents prepared by Pro-Sen Initiative may be used for the purpose for which they were supplied, including submission to Local Authorities, the First-tier Tribunal (Special Educational Needs and Disability), educational settings and other organisations connected with your case.
You must not, without our prior written consent:
copy, reproduce or adapt our templates or proprietary materials for commercial purposes;
publish or distribute our templates or documents as precedent material for use by third parties;
remove any copyright notices or branding from documents prepared by us; or
present our work as having been prepared by another person or organisation.
Nothing in these Terms affects your ownership of documents, reports or records originally supplied by you.
We may retain copies of documents created during the course of your case for record-keeping, insurance, regulatory and legal purposes in accordance with our Privacy Policy.
Unless otherwise agreed, an initial consultation will last up to 60 minutes.
The consultation provides independent advice, information and guidance based upon the information available at that time.
An initial consultation does not oblige either party to enter into any further agreement for services.
Consultations are charged at our published hourly rate unless otherwise advertised.
Chargeable work includes, but is not limited to:
consultations;
reviewing documentation;
reading correspondence;
drafting letters and submissions;
preparing evidence;
legal and policy research;
case strategy discussions;
attendance at meetings;
attendance at mediation;
Tribunal preparation;
Tribunal attendance;
travel where applicable;
routine case management; and
communication with schools, Local Authorities, expert witnesses and other professionals.
Time spent considering, preparing or managing your case outside meetings, telephone calls or email correspondence may also be chargeable where it forms part of the professional services provided on your behalf.
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25. No Guarantee of Outcome
Whilst Pro-Sen Initiative will exercise reasonable care, skill and diligence in providing advice, advocacy and representation, we cannot and do not guarantee the outcome of any case, appeal, mediation or Tribunal proceedings.
Our advice is based upon the information available at the time, together with our professional knowledge and experience of the SEND system.
By instructing Pro-Sen Initiative, you acknowledge and agree that:
decisions are made by Local Authorities, schools, mediation providers and the First-tier Tribunal (Special Educational Needs and Disability), not by Pro-Sen Initiative;
outcomes cannot be guaranteed regardless of the quality of preparation or representation provided;
our fees relate to the professional services undertaken and are payable irrespective of the outcome achieved; and
no claim shall be brought against Pro-Sen Initiative or its consultants solely because a desired outcome was not achieved.
The use of technology, including Artificial Intelligence (AI), in preparing documentation does not create any warranty or guarantee regarding the outcome of your case.
26. SEND Tribunal Appeals
Appeals to the First-tier Tribunal (Special Educational Needs and Disability) require significant preparation, planning and communication with Local Authorities and other professionals.
Accordingly:
if the Local Authority concedes all or part of the appeal before the hearing, our agreed fixed fee remains payable;
if you withdraw your appeal after work has commenced, the agreed fee remains payable;
if the appeal is resolved through negotiation, mediation or agreement before the hearing, the agreed fee remains payable; and
if the Local Authority elects not to contest part or all of the appeal, fees already incurred remain payable.
Our fees reflect the professional work undertaken rather than attendance at the hearing itself.
27. Independent Professional Costs
Unless expressly stated otherwise, our fees do not include the costs of independent professionals.
These may include:
Educational Psychologists;
Speech and Language Therapists;
Occupational Therapists;
Clinical Psychologists;
medical specialists;
independent assessors; or
legal professionals.
Where appropriate, we may provide information regarding suitable professionals.
However, any agreement entered into with an independent professional is solely between you and that professional.
You remain responsible for arranging and paying all associated costs.
You may end our services at any time by notifying us in writing.
Where you terminate our instructions:
you remain responsible for payment of all work completed up to the date of termination;
any outstanding invoices become immediately payable in accordance with their payment terms; and
once payment has been received in full, copies of your case documents will be made available to you upon request.
Termination does not affect any rights or obligations that have already arisen before the agreement ends.
29. Circumstances Where We May Cease Acting
We reserve the right to stop acting for you where it is reasonable to do so.
This may include, but is not limited to:
invoices remaining unpaid for more than 15 days;
failure to provide instructions or information required for us to continue acting;
abusive, threatening or inappropriate behaviour towards our consultants;
requests requiring us to act unlawfully, dishonestly or contrary to professional standards;
conflicts of interest;
breakdown of trust and confidence; or
circumstances making it unreasonable or impracticable for us to continue acting.
If you seek advice or representation from another advocate, consultant or representative in relation to the same matter without informing us, we reserve the right to cease acting to avoid conflicting advice and duplication of work.
Where we cease acting, we will notify you in writing.
30. Notification of Withdrawal
If we decide to cease acting on your behalf, we may notify any relevant organisation, including:
the First-tier Tribunal (Special Educational Needs and Disability);
the Local Authority;
mediation providers; or
other parties involved in your case,
where necessary to confirm that we no longer act on your behalf.
31. Tribunal Hearing Dates
Whilst we will make every reasonable effort to attend scheduled hearings, unforeseen circumstances may occasionally prevent attendance.
Where this occurs, we may request that the Tribunal adjourn or reschedule the hearing where appropriate.
By instructing Pro-Sen Initiative, you acknowledge that hearing dates remain subject to the Tribunal's discretion and cannot be guaranteed.
32. Recordings and Sharing Communications
All correspondence, advice, reports, documents and communications prepared by Pro-Sen Initiative are provided solely for the purpose of your individual case.
Audio or video recording of meetings involving Pro-Sen Initiative is not permitted without the prior knowledge and express agreement of all parties.
Likewise, recordings or written communications involving Pro-Sen Initiative must not be published, distributed or shared publicly without our prior written consent, except where disclosure is required by law or forms part of your own legal proceedings.
33. Working Documents and Client Approval
Draft Working Documents, appeal bundles and other submissions will be provided to you for review where appropriate.
It is your responsibility to:
read documents carefully;
ensure information is accurate;
advise us of any corrections; and
confirm your approval before submission.
Once you have approved a document for submission, Pro-Sen Initiative cannot accept responsibility for information that you later believe should have been amended, removed or included.
Our Privacy Policy forms an important part of our relationship with you.
By instructing Pro-Sen Initiative, you confirm that you have had the opportunity to read our Privacy Policy.
Our Privacy Policy explains:
how we collect and use personal information;
how your information is protected;
your rights under UK data protection legislation; and
how Artificial Intelligence (AI) may be used in delivering our services.
35. Intellectual Property
Nothing in these Terms transfers ownership of Pro-Sen Initiative's intellectual property.
All copyrights, trademarks, branding, templates, precedent documents, guidance notes, written materials, training resources, workflows, methodologies and other proprietary materials remain the property of Pro-Sen Initiative.
Upon payment in full, you are granted a non-exclusive, non-transferable licence to use documents prepared specifically for your own SEND matter. These documents may be submitted to schools, Local Authorities, the First-tier Tribunal (Special Educational Needs and Disability), mediation providers and other organisations connected with your case.
You must not reproduce, adapt, publish, distribute, sell or otherwise use Pro-Sen Initiative's proprietary materials for commercial purposes without our prior written consent.
Nothing in these Terms affects your ownership of documents or records originally supplied by you.
36. Limitation of Liability
Nothing in these Terms excludes or limits liability where it would be unlawful to do so, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation.
Subject to the above, Pro-Sen Initiative's total liability arising from the provision of services shall not exceed the total fees paid by you for the services giving rise to the claim.
We shall not be liable for:
indirect or consequential loss;
delays caused by Local Authorities, schools, Tribunals or third parties;
decisions made by organisations outside our control;
inaccurate information supplied by clients or third parties; or
changes in legislation, statutory guidance or government policy occurring after advice has been provided.
Pro-Sen Initiative shall not be liable for any delay or failure to perform its obligations where this results from events beyond our reasonable control.
Such events may include, but are not limited to:
Where possible, we will notify you promptly and resume services as soon as reasonably practicable.
38. Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and interpreted in accordance with the laws of England and Wales.
Any dispute arising from these Terms or from the services provided by Pro-Sen Initiative shall be subject to the exclusive jurisdiction of the courts of England and Wales.
39. Electronic Acceptance
You may accept these Terms and Conditions by:
signing a written agreement;
confirming acceptance by email;
completing an online booking;
ticking an online acceptance box; or
instructing us to commence work on your behalf.
Electronic acceptance shall have the same legal effect as a handwritten signature.
These Terms and Conditions, together with our Privacy Policy and any written quotation, proposal or service agreement provided by Pro-Sen Initiative, constitute the entire agreement between you and Pro-Sen Initiative in relation to the services we provide.
They supersede any previous discussions, correspondence, representations or understandings, whether oral or written, relating to those services.
No statement, promise or representation made by either party shall form part of this agreement unless it is expressly included in these Terms and Conditions or confirmed by us in writing.
If any provision of these Terms is found by a court or other competent authority to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Failure by Pro-Sen Initiative to enforce any provision of these Terms on one occasion shall not constitute a waiver of our right to enforce that provision or any other provision in the future.
Legal Aid may be available to some parents or young people aged 18 or over who meet the eligibility criteria set by the Legal Aid Agency.
Pro-Sen Initiative does not undertake Legal Aid-funded work.
Further information is available on the UK Government website.
There are a number of organisations that provide SEND advice, advocacy and Tribunal representation, including free services such as SENDIASS and IPSEA.
Before instructing any representative, we encourage you to consider all available options and satisfy yourself that the individual or organisation has appropriate experience, professional indemnity insurance (where applicable) and is registered with the Information Commissioner's Office (ICO), where required.
For further information about our services, please contact:
Email: pro-sen@outlook.com
