Our Costs

We are normally instructed by parents, either in relation to providing them with specialist advice (usually if they are going through the ‘Statementing’ process) or in relation to SEND Tribunal (formerly known as ‘SENDIST’) appeals. Often, people who first contact us, ask if we can give then an estimate of the costs that may be involved in them instructing us to help them before we meet with them. 

We realise that it is important for people to have an idea of potential costs that may be involved but we find it extremely difficult to give a proper estimate of costs until we have personally met with a client, discussed their case in detail and advised what they may need to do.  This is why we only provide an estimate of potential costs to clients when we actually meet them, which we then confirm in a letter of advice afterwards.

We are entirely transparent and fair about our charges. In fact, unusually for solicitors, our fees are quoted inclusive of VAT and are very straightforward so that they are easy to understand. Bearing in mind our expertise and experience in dealing with cases, we also consider that our fees are both competitive whilst, at the same time, are genuinely providing ‘added’ value for money to our clients.
                                                        
In essence, our fees can be set out in four ways:

• First Meeting
• Normal Hourly Rates
• Fixed/Capped Fees for SEND Appeals
• Advice Only Cases

First Meeting (which lasts for about 1½ - 2 hours)

£250 inclusive of VAT (which includes a letter of advice afterwards)

Normal Hourly Rates     

• Douglas Silas: £250 per hour inclusive of VAT
• Assistant Solicitor: £200 per hour inclusive of VAT
• Trainee Solicitor: £175 per hour inclusive of VAT
• Other Staff (including paralegals): £150 per hour inclusive of VAT

Fixed/Capped Fees for SEND Tribunal Appeals (from 1 June 2009)

£10,000 inclusive of VAT plus Disbursements (e.g. expert reports, photocopying, special postage, travel, etc.) in relation to:

• Refusals to Assess/Re-assess
• Refusals to Make a Statement of SEN following an Assessment/Reassessment
• Refusals to Change the Name of a School on a Statement of SEN
• Decisions to Cease to Maintain a Statement of SEN

£13,500 inclusive of VAT plus Disbursements (e.g. expert reports, photocopying, special postage, travel, etc.) in relation to:

• Challenges to the Contents of a Statement of SEN                    

Our fees for appeals are referred to as 'capped' not just 'fixed' because, if the appeal is successfully settled at least seven days before the hearing, we will only charge for the work we have incurred up until then at our normal hourly rate plus a 10% uplift to reflect the risk we have taken. For example, if only £2,000 worth of work has been incurred when the case concludes we will charge the client £2,200, but if £6,000 worth of work has already been incurred we will charge them £6,600.

For clients instructing us on Fixed/Capped Fees we can also provide reductions of £500 for those paying by standing order or £750 for those paying in full upfront.

Please click here for a more detailed explanation about 'Our Costs' or download our information sheet on ‘Fixed/Capped Fees’ for SEND Tribunal Appeals. Please make sure that you read this information in full, preferably before you contact us.

Advice Only Cases
We are also sensitive to the fact that sometimes parents may have already lodged an SEND Tribunal appeal themselves but then feel that they still need advice in relation to a case management hearing or about how to present their case after they have seen the LEA’s reply and/or evidence. This may even be when they are just a few weeks away from a hearing and need help in preparing their submissions. Although they may not be able to instruct us to represent them in person, they still want our advice on how they should deal with things.

In these cases we can now offer an additional fixed/capped Fee structure for Advice Only Cases, which is similar to paying for call-time on a mobile phone contract. We will provide clients with up to 4 hours of advice for a fixed/capped fee of £1,000 inclusive of VAT. This advice may include us speaking/corresponding with them or sending them letters of advice, ‘ghosting’ letters/documents for them to send to other parties or helping them to prepare their submissions for a hearing. Any disbursements (such as photocopying or special postage required) will also be charged for.

If instructing us in this way, clients will be asked for £1,000 as monies on account to cover the first 4 hours of advice. Just like our fixed/capped fees for dealing with appeals in their entirety, if at the end of the case, clients do not incur legal fees over the amount of the fixed/capped fee, they will only be charged for the work that we have incurred (i.e. if a client has only used 3 hours of our assistance so they will only be charged a maximum of £750 [since not all work may have been done by Douglas himself]). However, unlike fixed/capped fees for appeals in their entirety, we will not charge any ‘uplift’ if clients manage to successfully settle their case before the hearing.

Please note that we will only be able to provide advice up to the limit of the fixed fee.  Any work that is requested over the fixed/capped fee will also need to be paid for by a client. We will ask for further amounts of £1,000 in advance in respect of any additional advice needed. This will allow them a further 4 hours of advice and will be requested when they are reaching a previously agreed limit and where we believe that more advice may be we needed.  

Please note that this method of instructing us should not be seen as a substitute for approaching us for our advice before lodging an appeal. We sincerely believe that parents should approach us for our advice prior to lodging any appeal in order to maximise their likelihood of success. 

If you already have a right (or potential right) to appeal to the SEND Tribunal against an LEA decision or final statement (e.g. you are currently awaiting a ‘final’ statement) please contact us as soon as possible if you think that you may be needing our advice. Although we will always endeavour to see new clients within 2 to 4 weeks of them approaching us for an appointment, where people approach us at short notice, we may have difficulty in seeing them quickly.

Please also note that these fixed/capped fees are only available to parents who have first of all met with us for our initial fixed fee meeting of £250 inclusive of VAT.  Moreover, unless there are good reasons why a parent cannot attend our first meeting in person (i.e. disability related reasons) we may not be able to accept instructions. 

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