Exchange Chambers

Exchange Chambers broke new ground this week by launching the first partnership of its kind between a Barristers' Chambers and The National Autistic Society.

Under the "Advocacy for Education" service, barristers from Exchange Chambers will provide representation for parents who wish to challenge decisions made by their local authority about their child's educational needs and provision at the Special Educational Needs and Disability Tribunal (SENDIST).

As part of their pro bono programme Exchange Chambers will provide free legal representation, where appropriate, for parents of children with an autism spectrum disorder who are challenging decisions at SENDIST.

Launching the initiative, Bill Braithwaite QC, joint head of Exchange Chambers said:

"We are excited and honoured to be the first Barristers Chambers to enter into a Pro Bono partnership with the NAS.

"Our barristers have now received their training from the NAS and we have already achieved two early successes on behalf of parents of children with autism."

Said Mark Lever, Chief Executive of the NAS:

"Children with autism are often bullied and excluded at school. They have so many hurdles to overcome and their educational needs at a young age are life defining."

He continued:

"The pressures on parents of children who have autism are also immense so this partnership with Exchange Chambers can make a huge difference.

"We are not asking for any favours, we are just seeking a level playing field. Parents need support to challenge decisions. It is not fair or right to make them go it alone so the support of one of the country's leading Barristers Chambers is ground breaking for us."

Mark Lever also explained how the NAS has supported 15,000 families over the last ten years - and 2,100 families over the last twelve months alone.

The Pro Bono partnership has been championed by Exchange Chambers' Director of Chambers Tom Handley and barrister David Knifton, both of whom have children with autism.

Speaking at the launch event, David Knifton said:

"This is a charity particularly close to my heart.

"Largely thanks to the NAS, awareness of autism is improving all the time, but at Tribunals the odds are still stacked against parents who go it alone. This is where we, as specialist counsel, can make a real difference. Early intervention gets the most successful outcomes and securing appropriate educational solutions is crucial."

David Knifton also praised the NAS for its role in creating the first ever disability specific law in England, the Autism Act.

The Autism Act started out as a Private Members Bill, drafted by the NAS. The bill was backed by a coalition of 16 autism organisations and had overwhelming parliamentary support, endorsed by all the main political parties.

Said David:

"The Autism Act is a huge step forward as it will guarantee the introduction of the first ever adult autism strategy which will set out how local services should be improved to meet the needs of adults with autism.”

Tom Handley, Director of Chambers at Exchange Chambers, said barristers at the set had rallied behind the partnership:

"The support for this Pro Bono partnership within Chambers has exceeded all our expectations.

"With over thirty barristers offering to provide free legal representation, in addition to their usual fee paying work, we have the potential to change the lives of children with autism, and their parents, for the good."

Added Tom:

"There is a real feel-good factor within Chambers over this partnership.

"If parents have to represent themselves at tribunals, as is often the case, it is simply not a fair fight. We feel we can help to redress the balance."

Also speaking at the launch event was Tess Satchell, whose son David has Autism.

In an emotional address, Tess explained the sleepless nights she endured during the tribunal process. With David Knifton from Exchange Chambers acting on a Pro Bono basis she has now received a favourable outcome for her son.

Said Tess:

"You just want the best for your children and their education is so important. In David's case, now having the correct educational support and facilities in place has transformed his life. I'm fully behind this partnership as it has the potential to help so many people."

In addition to David Knifton’s involvement in Tess Satchell’s case, Exchange Chambers’ partnership with the NAS is already proving successful, with Gerard Martin QC acting for the mother of a child appealing the content of a special needs statement proposed as a final document by the Local Education Authority.

Commenting on his first case under this initiative, Gerard Martin QC said:

“The Mother had been pursuing her Local Education Authority for three years, first to get a statement, which involved getting a diagnosis of autistic spectrum disorder, and then to get her son individual help in school.

“The mother was dyslexic, so she had to take more time than normal to understand the appeal documents which only arrived with her the day before the hearing, but she was very eloquent and was determined to fight for he son’s needs.

“Before the Tribunal started I met with the Local Education Authority’s Officer to see if we could make some progress and it was clear that we both had the child’s best interests in mind. As a result, we managed to achieve a sensible outcome for the child, which will mean he receives more than double the original offer of teaching assistant hours as well one to one weekly input from an Occupational Therapist and Speech and Language Therapist.The Local Education Authority has also enrolled him on a social skills training course.”