Please read and agree to these Terms and Conditions (T&Cs). By using our services, you agree to these T&Cs.
Throughout these Terms & Conditions, the following definitions apply:
“Pro-Sen Initiative”, “Pro-Sen”, “we”, “us”, or “our” refers to Pro-Sen Initiative.
“Client”, “clients”, “parent”, “parents”, “you”, or “your” refers to the individual(s) instructing Pro-Sen Initiative.
“Case”, “matter”, or “casework” refers to any work carried out by us on your behalf.
Pro-Sen Initiative is an independent consultancy service providing support throughout the EHCP process. This includes, but is not limited to, representation for parents and young people with Special Educational Needs and Disabilities (SEND) in communications with Local Authorities and the Special Educational Needs and Disability Tribunal (SENDIST).
We endeavour to provide parents with information, guidance, and advice based on statutory law and appropriate SEND procedures. Where a matter falls outside of our expertise, we will signpost you to an appropriate provider or specialist service.
3. Consultant Experience and Qualifications
Consultants representing Pro-Sen Initiative are not legally qualified professionals. However, there is no legal requirement for representatives in SENDIST appeals to hold formal legal qualifications.
Our consultants are parents of children with SEND and have significant lived and professional experience supporting families through the SEND framework. We also have extensive experience representing clients and attending SEND Tribunal hearings, supporting families throughout the appeal process with knowledge, preparation, and advocacy.
All consultants are members of the Expert by Experience Focus Group as part of the Midlands Autism Programme, overseen by NHS England and NHS Improvement.
4. Confidentiality
All information received by Pro-Sen Initiative is treated as confidential.
The only exception is where we have reasonable grounds to believe that a child may be at risk of harm. In such circumstances, we reserve the right to inform the appropriate authorities. Where possible, we will notify you if this action is taken. Please refer to our privacy policy which can be found on this website.
5. Monitoring and Recording Communications
For quality assurance, training, and publicity purposes, Pro-Sen Initiative may monitor or record communications between you and our consultants.
6. Accuracy of Information
Pro-Sen Initiative and its consultants cannot be held responsible for any consequences arising from:
Incorrect or incomplete information supplied by you or third parties;
Failure by you or others to act upon our advice;
Delays in responding to communications from us or relevant parties.
Pro-Sen Initiative accepts no responsibility for any intentional or unintentional misrepresentation supplied to us verbally, in writing, or through any other communication method.
8. Claims Against Consultants
You agree not to bring any personal claim against Pro-Sen Initiative consultants in connection with consultancy services provided to you.
9. Complaints Procedure
If you wish to raise a complaint regarding any aspect of our work, please contact us via email:
pro-sen@outlook.com
10. Communication Methods
Our preferred method of communication is email, as this enables us to remain responsive and efficient.
Reasonable adjustments can be made upon request where email is not an accessible form of communication for the client.
11. Email Risks
We do not accept responsibility for errors, delays, or problems that may occur when using email communication. All risks associated with the transmission of information via email are borne by you.
If you do not accept these risks, you must notify us in writing that email communication is not acceptable.
We do not accept service or correspondence via encrypted email.
13. Case Management
Your case will be managed by a consultant representing Pro-Sen Initiative.
In exceptional circumstances, such as bereavement leave, we reserve the right to outsource your case to another independent organisation to ensure continuity of support.
14. Updates on Your Case
We will endeavour to keep you updated on matters relating to your case as frequently as reasonably possible and within appropriate timeframes.
15. Use of Statutory Guidance
We use statutory guidance, regulations, and SEND Codes of Practice to inform our knowledge and provide the most accurate support possible.
16. Respecting Your Views
We will respect your views, experiences, and understanding of your child or children, regardless of our personal opinions.
17. Working Hours
Our working hours are flexible and based on caseload demands in order to meet the needs of Pro-Sen Initiative clients.
18. Fees and Payment Basis
All work undertaken by Pro-Sen Initiative is carried out on a private fee-paying basis.
We do not operate on a “no win, no fee” or conditional fee arrangement. Fees are payable regardless of the outcome of the case, and by instructing us you agree to these terms.
19. Payment for Fixed-Fee Packages
For fixed-rate packages, payment in full is required irrespective of the outcome of your case or early resolution.
We reserve the right to cancel or refuse work where payment has not been received in full. Delays in payment may impact legal deadlines and could negatively affect your case.
We will not continue with cases compromised by delayed payment.
Payments must be made in accordance with the instructions provided at the time our services are offered.
20. Payment for Hourly Services
For hourly-rate services, payment must prior to work commencing and in accordance with instructions provided at the time our services are offered.
21. Ownership of Papers and Files
All papers and electronic files remain the property of Pro-Sen Initiative until full payment has been received.
22. Initial Consultation
An initial 60-minute consultation will be provided upon first contact. This consultation consists of independent advice and information and is charged at our hourly rate.
23. Chargeable Casework
Chargeable casework includes, but is not limited to:
Case briefings with you and relevant parties;
Reading, drafting, and responding to correspondence;
Research and preparation of representations;
Daily case management;
Travel, preparation, and attendance at meetings or Tribunal hearings.
24. No Guarantee of Outcome
Pro-Sen Initiative cannot guarantee the success of any appeal or case outcome.
We will endeavour to advise you during the initial consultation on the prospects of success. By instructing us to proceed, you acknowledge and agree that all associated costs are payable regardless of outcome. You further accept that Pro-SEN cannot guarantee any outcome, and that no action or claim will be brought against Pro-SEN, its consultants, or associated services in the event of an unfavourable result.
25. SENDIST Appeals
Appeals to SENDIST require extensive preparation and consultation with the relevant Local Authority.
Accordingly:
If the Local Authority does not oppose your appeal by the sixth week of the process, you remain responsible for all costs incurred by Pro-Sen Initiative.
If you withdraw your appeal, the Local Authority concedes, or agreement is reached without a hearing, you remain responsible for the full fixed cost of the appeal.
26. Independent Professional Costs
Our appeal fees do not include costs associated with independent professionals, including but not limited to psychologists or therapists.
While we may assist in identifying suitable professionals, arranging and funding their services remains your responsibility.
If you decide that you no longer wish for us to represent you, you must notify us in writing.
We will invoice you for all work completed up to that point. Until payment has been received in full, we reserve the right to retain your papers and documents.
28. Circumstances Where We May Cease Acting
We reserve the right to stop acting on your behalf in circumstances including, but not limited to:
Outstanding invoices or payment requests exceeding 15 days;
Situations where continuing to act would breach duties owed to SENDIST or another body;
Inability to obtain clear instructions from you;
Requests for the case to be conducted unreasonably;
Breakdown of trust or confidence between us.
Should you seek alternative advocacy advice while being supported or represented by Pro-Sen Initiative, we will no longer be able to continue supporting or representing you in order to avoid conflicting advice and confusion.
You will advise Pro-SEN if you seek advice from other services/advocates on your appeal
29. Notification of Withdrawal
If we decide to stop acting on your behalf, we will notify you in writing.
We may also notify relevant bodies, including the Tribunal or Respondent, that we intend to cease acting in your case.
30. Tribunal Hearing Dates
In the rare event that a scheduled hearing cannot be attended by a Pro-Sen representative, we will request that the hearing be rescheduled. By agreeing to our representation, you acknowledge and accept this condition.
31. Sharing Communications
Any sharing or distribution of communications involving Pro-Sen Initiative, including recordings of meetings, telephone calls, or digitally recorded communications, requires the permission of Pro-Sen Initiative.
Recording of Pro-SEN meetings must be requested in advance. Recordings are not permitted without the express consent of all parties attending the meeting.
32. Working Documents and Consent Orders
It is the client’s responsibility to carefully review the final Working Document and confirm they are satisfied with its contents before submission to SENDIST.
Pro-Sen Initiative cannot be held responsible for any matters the client later believes should have been included or removed after approval has been given for submission.
The client is responsible for thoroughly reviewing the final Working Document prior to confirming agreement to close the appeal.
33. Privacy Policy
Clients are responsible for reading our Privacy Policy and raising any questions regarding the policy prior to commissioning our services.
Legal Aid Information
Please note that Legal Aid may be available for parents or young people over the age of 18 who meet the relevant financial eligibility criteria.
The scheme is administered by the Legal Aid Agency and is means tested.
Pro-Sen Initiative does not undertake Legal Aid cases.
You can check eligibility for Legal Aid here:
Check Legal Aid Eligibility
There are a number of services that provide advocacy and representation at Tribunal. Please ensure you do appropriate research before commissioning our service. This includes free services such as SENDIASS and IPSEA, which you may wish to consider.
Before commissioning any service, we strongly encourage you to research all available options to ensure they are appropriately trained and experienced, have relevant Tribunal or court attendance experience, and are properly insured and ICO registered.
For further information, please contact:
pro-sen@outlook.com
