Job info	Job info details
Job title	Advanced SEND Mediation Officer
Strategic team/Directorate	Childrens Services
Service	Education and SEND
Business unit	SEND and Inclusion
Responsible to (day to day issues)	Service Manager SEND
Accountable to (line manager)	Service Manager SEND
Salary grade	J
JE ref	CSERV042

1. Key purpose of job

• To be an advanced and specialist officer in the area of informal and formal mediations, tribunals and disputes in SEND. To take the lead in the field of appeals and tribunals for the Torbay SEND Service.
• To lead a small team of specialist mediation colleagues to oversee the preparation and successful implementation of our SEND legal duties.
• To provide SEND legal training to the service including expert advice, support and guidance to other colleagues. 
• To recommend areas for service improvement to the SEND Service Managers, based on feedback and information obtained as a direct result from training and support given and assist in developing practice which reduced the Local Authority’s exposure to the risk of appeals to Tribunal, litigation and judicial review/complaints or inquiries to MP/members/the Local Government Ombudsman.

2. Anticipated outcomes of post

• The SEND team builds a sustainable expert team to support all legal duties for SEND.
• The local authority is compliant in their legal obligations to Special Educational Needs & Disability Tribunal (SENDIST), for Tribunals and Appeals.
• We resolve possible disputes in relation to SEND in a restorative way.
• Learning and training is shared with partners across education, health and care on Tribunal and Appeals processes.

3. List key duties and accountabilities of the post

• As an Employee of Torbay Council all roles are expected to work in a way that ensures vulnerable children and adults are safeguarded and report any safeguarding concerns in accordance with established policies and procedures. The Designated Senior Lead for Safeguarding is the Chief Executive and Director of Children’s Services.
• To be a specialist and lead on all SEND statutory legal duties for the Local Authority.
• To actively promote a co-production approach, driven by solution focused and restorative practice, with parents/carers and young people and professionals involved in relation to SEND to ensure best provision and outcomes for our children and young people. 
• To actively promote local information advice and guidance.
• To share with all those called to appeal and tribunal in the local area across education, health and care to promote an in-depth understanding and knowledge of:
  • The stages of the SEND appeal process, including preparation for attendance at hearings.
  • SEND decision making – the key factors that lead to robust and sustainable decisions.
  • The different roles and responsibilities of multi-disciplinary professionals.
• To understand and develop SEND legal training appropriate to appeals and tribunals including case law and changes in the SENDIST system for all of the local area.
• Lead on Informal Mediations, Global Mediations and all disputes in relation to EHCPs and assist with monitoring arrangements for regional mediation.
• To provide support and challenge to local area partners in education, health and care to ensure local area policies and information complies with national guidance.
• To report regularly to management on the overall findings from training and support given, highlighting areas of concern and recommending remedial action.
• Attending and sharing information from regional Tribunal User meeting.
• To ensure all correspondence is written in a sensitive and appropriate manner taking into account the audiences for which it is intended.
• Be accountable for SENDIST process and responsibility for managing the individual appeals to SENDIST/legal proceedings, by liaising with relevant managers and engaging all key partners in preparation for the appeals which includes:
  • Organising and chairing preparation meetings and panels, working collaboratively with families and multi-agency professionals as required in each individual case.
  • Identifying and providing support to LA rep and witnesses who will be attending the hearing. 
  • Preparation of LA case statements with a strong eye for accuracy and detail to support pleadings and ensure that all responses for SEND are approved by the relevant officers across the Local Area, including Local Authority (Education) in all cases and Local Authority (social care), Adult Social Care and Health (NHS and ICB) in extended appeals, within the appropriate timeframes. 
  • Obtaining and collating all relevant evidence documents to ensure comprehensive, coordinated and efficient responses. 
  • Submitting tribunal responses. 
  • Creating, consulting and submitting “requests for change” as required. 
  • Creating and submitting working documents where required. 
  • Creating and submitting request for disposal via consent order in cases where all issue in appeal have been settled prior to a hearing. 
  • Creating legal bundles for submission in a timely manner and within deadlines set by the tribunal and sharing them with all attending the individual hearings. 
  • Ensuring tribunal Decisions and Orders are shared and complied with.
• Being available to present cases as the LA representative in appeals and mediations upon request as required. Chairing special and assessment panels as required.
• To respond to and track requests for mediation/appeals and tribunals. To collect relevant data on informal mediation/mediation, appeals and tribunals.
• To be involved with writing or buddying Education Health and Care needs assessment outcomes, new or amended Education Health Care Plans and supporting casework officers in cases which appear likely to progress to appeal.
• To lead and work alongside our partner agencies and counterparts in neighbouring authorities on SEND legal duties to ensure better outcomes for our children and young people.
• To collate and review information and contributions to the SENDIST Tribunal service, work proactively to mitigate, where possible the level of Tribunals and appeals and support with documentation.
• Provide specialist, expert advice, opinion, interpretation, guidance and support to colleagues, service users and partner agencies on the legislative process and framework, and assist the Local Authority in decisions on whether or not to oppose individual Tribunal appeals. 

4. Budgetary/Financial Responsibilities of the post

• With the Head of Service SEND, the post holder will monitor the budget for mediations to the commissioned service circa £10,000 per annum to ensure that Torbay pre purchase sufficient mediations per annum and do not have excessive overspend on this aspect of the SEND budget.

5. Supervision/Line Management Responsibilities of the post

• Direct line management and supervision of 1 x Assistant Mediation Officer and 1 x Mediation Coordinator.

6. Working environment and conditions of the post

• Normal working conditions. 

7. Physical demands of the post

• Normal physical demands. 

8. Specific resources used by the post

• Normal Resources. 

9. Key contacts and relationships

External

• Schools & Colleges (Heads, SENCo’ s, Class Teachers, Teaching Assistants, Carers, Health (CAMHS, Paediatricians, Speech Therapists), Social Services (Children & Adults) Voluntary Bodies and parents/carers.

Internal

• Colleagues at all levels of the council including SEND, Social Care, Parent Carer Forum, Educational Psychologists.

10. Other duties

• To undertake additional duties as required, commensurate with the level of the job.

Other Information

• All staff must commit to the Workplace Equality, Diversity and Inclusion Practice and Policy.
• Torbay Council is committed to safeguarding and promoting the welfare of children and applicants must be willing to undergo the checks appropriate to the post applied for.
• The post holder is expected to work in a way that ensures vulnerable children and adults are safeguarded and report any safeguarding concerns in accordance with established policies and procedures. And are aware that the Chief Executive and the Director for Childrens Services are the Safeguarding Leads for the Council. 
• The post is eligible for hybrid working.
• As this post meets the requirements in respect of exempted questions under the Rehabilitation of Offenders Act 1974, all applicants who are offered employment will be subject to a criminal record check (Disclosure) from the Disclosure & Barring Service before the appointment is confirmed. This will include details of ALL cautions, reprimands or final warnings as well as convictions, whether “spent” or “unspent”. Criminal convictions will only be taken into account when they are relevant to the post.
• The Council operates a Smoke-Free Policy and the post-holder is prohibited from smoking in any of the Council's buildings (including Council owned and Council leased buildings, but excluding designated areas in residential schemes), enclosed spaces within the curtilage of buildings, and Council vehicles. The Council does not permit smoking breaks within work time, however, in services where the flexi-scheme is in operation, employees may take reasonable break times outside of core hours, in accordance with flexi-time arrangements. Employees should follow the flexi-scheme procedure for agreeing time away from their duties in the normal manner with their immediate colleagues and line manager, with break start and finish times being recorded, as with any other break-time arrangement. 
• The post-holder is expected to familiarise themselves with and adhere to all relevant Council Policies and Procedures.
• The post-holder must comply with the Council’s Health and Safety requirements as outlined in the H&S policy appropriate to the role.
• The post-holder must be committed to the Council’s Core Values for employees – “Torbay Council employees are committed to being forward thinking, people orientated and adaptable - always with integrity”. Evidence will be sought during the probation and appraisal processes.
• If this post is customer facing, it will require the ability to fulfil all spoken aspects of the role with confidence and fluency in English.
• If you are required to access a government system such as HMRC, DWP or The Public services network (PSN) as part of your role with the Council you will be required to complete a basic disclose with your line manager before you can access these systems. Your manager will be required to complete a verification form that confirms your identity, nationality and immigration status, employment history and unspent convictions (third party).
• If you are required to use your own vehicle on Council business or drive a council vehicle you will be asked to provide information on any driving endorsements by accessing gov.uk/view-driving-licence and providing a code to your Line Manager in order to share your driving licence information with the Council.

Person Specification

Note for Candidate

All Candidates

The supporting statement on your application form will be used to assess ability to meet the essential requirements of the role, so you should explain how you meet each of the numbered essential requirements within your supporting statement. In a competitive situation, the desirable criteria may be taken into consideration, so you are encouraged to show how you also meet each of the desirable criteria.

Candidates who consider that they have a disability

Reasonable adjustments will be made to the job, job requirements or recruitment process for candidates with a disability.

If you consider yourself to have a disability you should indicate this on your application form, providing any information you would like us to take into account with regard to your disability in order to offer a fair selection interview.

Where ever possible and reasonable we will make adjustments and offer alternatives to help you through the application and selection process.

If you have indicated that you have a disability on your application form you will be guaranteed an interview if you clearly demonstrate in your supporting evidence how you broadly meet the essential requirements of the role.

Job info	Job info details
Job Title	Advanced SEND Mediation Officer
Strategic team/Directorate	Childrens Services
Service	Education and SEND
Business unit	SEND and Inclusion

Skills and effectiveness

Essential skills and effectiveness

• Comprehensive and cohesive legal report writing skills, the ability to present in Court and explain legal information and decision making.
• Excellent written and verbal communication skills with the ability to analyse and interpret complex legal documents.
• Advanced mediation and restorative practice skills, the ability to manage relationships whilst maintaining robust decision making.
• Skilled in writing EHCP and Amendments.
• Able to effectively use information technology to carry out the duties of the post.
• Able to work on own initiative with a pro-active and flexible approach, and the ability to systematically organise workload, managing constraints and conflicting demands.
• This role requires the ability to fulfil all spoken aspects of the role with confidence and fluency in English.

Desirable skills and effectiveness

• Management and leadership skills.

Knowledge

Essential knowledge

• Expert knowledge and understanding of the SENDIST and appeals process. 
• Considerable knowledge and understanding of SEND legislation.
• Considerable knowledge of case law and up to date knowledge on recommendations from the High Court. 
• Considerable knowledge of SEND code of practice and up to date knowledge of changes to the SEND code of practice.
• Legal understanding and knowledge about the right to appeal. 

Desirable knowledge

• Schools as systems.
• Social care thresholds.
• Integrated Care Board and health contributions to EHCP and Appeals.

Experience and achievements

Essential experience and achievements

• Extensive experience of working with SENDIST and submission of Tribunals and appeals paperwork.
• Extensive experience of working within SEND and the EHCP Code of Practice.
• Demonstrable experience of facilitating mediation to mitigate escalation.
• Extensive SEND casework experience.
• Considerable experience of presenting complex information in court.

Desirable experience and achievements

• Experience of working with children and young people with SEND in schools.
• Experience of working Restoratively in line with Restorative Practice principles.
• Experience of managing and leading a team.

Qualifications/professional memberships

Essential qualifications/professional memberships

• Educated to degree level.
• The postholder will be required to complete mandatory SEND legal training within 6 months of appointment.
• Evidence of continued professional development. 

Desirable qualifications/professional memberships

• Degree in Law.
• Qualifications in leadership and management.

Other requirements

Other requirements of the job role

• Demonstrates a commitment to safeguard and promote the welfare of children and young people.
• Ability to travel efficiently around the Bay/South West/UK in order to carry out duties.
• Ability to accommodate occasional home-working.