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Legal advice scheme - provides legal advice to families having difficulties accessing health or social care services - Parents/carers contact Cerebra – online form - Assess request – eligibility criteria - Referral to Cardiff for advice - Law students at Cardiff research common themes
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Research programme - using data to identify common difficulties & study practical problemsolving techniques - UK-wide register of support resources - helping families to resolve problems and enabling public bodies to improve their decision-making processes 2
w3.cerebra.org.uk/research/legal-entitlements-research-project/ 3
• Parents /carers of disabled children • Converting knowledge into practical resources for families • Problem-solving toolkit • Aims of the project 4
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• Example: school transport cases • Policy: “Transport is not provided for children who have SEN but do not have a statement / plan, unless there are exceptional and compelling reasons” • Monitoring Officer: The “legal team have been working with the Transport team within Children's Services to review their practice, so as to ensure its legality” 6
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• Policy
Solutions?
• Practice
• ‘Letterhead effect’
• Resources
• Empowering and supporting parents
• Communication • ‘Myths and traditions’ • Navigation / lack of information
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• ‘Can’t (or won’t?) do x’ • Delay • Panel/manager says ‘no’ • No money left in the budget • ‘Too difficult to think about’
• ‘I don’t have the authority to do x’ • Personalities • Highly contested fact disputes • Inter-agency disputes 9
A cautionary tale… the MP and the deli sandwich
PSOW Case Ref 201100125
Grateful Deli 2012
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• Keep copies of everything (eg letters, emails) • Keep a diary of key dates and notes eg telephone calls/meetings • Confirm the outcome of your telephone call or meeting in writing (eg email/letter) • Ask the public body to give an explanation in writing 11
• Be clear about what you are unhappy with ‐ explain the practical and emotional impact of ‘wrong’ • Suggest a solution to the problem – be clear about what outcome you want • Be succinct ‐ avoid “and another thing!” • Be polite ‐ distinguish the wrongdoing from the wrong‐doer 12
• Approach the right person within the public body (eg Team Manager; Director of Children’s Services; Monitoring Officer) • Find sources of support (ie for your case and for you) • Quote the law – if relevant and accurate • Keywords: maladministration; fettering of discretion; reasonableness 13
In your experience What are the common problems? What approaches to solving problems have worked well for you?
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