The impact of pro bono in SEND cases: Emma Christie

“It is important to remember that most parents won’t have any legal training, and they may just need help navigating the system and understanding documents and procedure, which is something all barristers will be able to assist with.”

Young barrister Emma Christie of The 36 Group explains why she is committed to doing pro bono work in Special Educational Needs and Disabilities (SEND) appeals. She describes a recent case where she successfully helped a bereaved mother, whose first language was not English, secure a suitable school placement for her child with special needs at the SEND Tribunal appeal after the child had initially been rejected a place. She encourages more barristers to get involved in SEND pro bono work as many parents first and foremost need reassurance in navigating legal proceedings that they don’t understand.

I’m particularly proud to integrate SEND pro bono work into my practice because access to legal representation in SEND appeals remains deeply unequal owing to the difficulty of obtaining legal aid funding in this area. Legal expertise should not be a privilege of those who can pay; it should be a tool for fairness and safeguarding children’s rights to an appropriate education under the law.

Many families lack awareness that free legal help exists. Even when families are signposted to excellent organisations, some of the complexities of education law, the amount of documentation involved, and the length of hearings (which can frequently be full day appeals), means pro bono practitioners often need to invest substantial time in research, conferences, and paperwork which can make the work difficult to incorporate into already busy working lives.

I hope that by raising awareness of organisations such as Advocate - as well as others I volunteer with such as the SEND Dynamic - more parents may be able to have access to legal representation in SEND appeals. However, this is not to say that reliance on pro bono organisations can or should replace the development of sufficient funding and support in this area.

Pro bono work and my practice

I must also admit that pro bono work has significantly enriched my own practice. It has given me the opportunity to engage with a broader range of issues in SEND tribunals, many of which I have not come across in my everyday practice. It has also strengthened my ability to analyse matters from multiple perspectives and to approach each case with a more nuanced and informed understanding.

Not only that, but I have also found that the people and organisations I have met through pro bono work have become people I work with on a regular basis. They are supportive colleagues and impressive practitioners, many of whom I can still rely on for assistance where the need arises.

Recent pro bono case

I was recently able to step in at fairly short notice to represent a mother in her child’s appeal before the SEND Tribunal. The mother was trying to secure a school place for her son, who has special educational needs and requires access to specialist support. English was not the mother’s first language, and she was also suffering the recent bereavement of the child’s father. Following questioning and submissions, the Tribunal agreed with her that the school she was seeking a placement for her child at is uniquely placed to meet the educational requirements under his EHC Plan. They concluded that, despite capacity challenges, the school can accommodate him and that the local authority cannot rely on the exception under Section 39(4) of the Children and Families Act 2014 to deny placement, noting that difficulty is not the same as impossibility and that the placement was not incompatible with the efficient education of others.

Advice for barristers looking to take on pro bono work in this area of law

I have spoken with several junior barristers who have been looking to get into SEND work but owing to lack of experience have some hesitation about taking on pro bono matters. First, it is important to remember that most parents won’t have any legal training, and they may just need help navigating the system and understanding documents and procedure, which is something all barristers will be able to assist with. Furthermore, lots of barristers are content to let others shadow them where appropriate, so it could be worth reaching out to Advocate about shadowing opportunities in SEND.

- Emma Christie, The 36 Group

Find out more about taking on pro bono work through Advocate.

Discover more about Collaborate, our mentoring scheme that offers guidance from senior barristers on pro bono cases.