Disclaimer

Every care is taken to ensure this website and associated material includes accurate information, but inaccuracies can of course occur. If you believe some information is incorrect, please contact me as soon as possible on: hello@brightfuturesconsultants.co.uk.

Bright Futures does not give legal advice. It presents legal information and advises on actions based on experience and your individual circumstances. Bright Futures does not take any responsibility for you relying on their information and advice as an alternative to seeking legal advice.

Bright Futures has 1 managing director: Rebecca Sanders.

Gmail is used to send and receive emails. Bright Futures cannot be held responsible for the security of personal data if information is provided by email by parties involved. Bright Futures will always ask for consent to share personal information.

Terms & Conditions

• Bright Futures Ltd will help you to prepare for Tribunals & Appeals, but it cannot guarantee tribunal success.

• Cases will be taken on by Bright Futures Consultancy Ltd in accordance with the company ethos & values – taking account of the student voice & best interest first & foremost.

• The Provider will maintain formal procedures/systems for the keeping of accurate records that fully comply with the relevant legislation and regulations. These will be made available to the Purchaser and/or the Learner on request.

• All clients have a right to privacy and, therefore, all information and knowledge relating to the client will be treated as confidential. For information to be shared with Bright Futures Consultancy Ltd and Tribunal/ LA we require consent from young people over 16 years of age.

• If a dispute arises out of these terms & conditions, the Parties will use reasonable endeavours to settle the dispute by negotiation.

• Written notice of any contracts will be sent if the other party is in serious breach of the T&Cs (which for the avoidance of doubt includes a failure to pay the fees due)

• Termination of the Contract shall not prejudice the rights of either party or of the young person.

• Neither Party will be liable for delay or failure to perform the obligations of the T&C if the delay or failure result from circumstances beyond their reasonable control including but not limited to Act of God, Government Act or direction, War, Explosion or Civil Commotion or Industrial Dispute (excluding disputes local to the Provider). In the event of delay or failure arising from any such cause the Purchaser will have the right to make alternative arrangements for the provision of the service and both parties will have the right to seek to renegotiate the terms of any contracts in place.

• These T&Cs may be amended by Bright Futures Ltd at any time.

• The T&Cs shall be subject to, construed, interpreted in accordance with English Law, and shall be subject to the jurisdiction of the Courts of England.

• A person who is not a party to these T&Cs may not enforce any of its terms under the Contract (Rights of Third Parties) Act 1999.

• The Provider will inform the Purchaser immediately of any adaptation, change to or restriction placed upon the business that could affect the delivery of service.

• The fees payable by the Purchaser to the Provider will be detailed in an invoice and must be paid before services commence. Refunds are only available at discretion of the Director and will not normally be provided.

• Hours required outside of normal working hours (Monday – Friday 9am – 5pm) will be quoted at £120 per hour (time and a half).


Service details

All fees quoted below are VAT exempt.


EHC Application

Applying on behalf of the family and advising on strengthening of evidence where possible

Cost: £350


EHC Check

A thorough analysis and report detailing any legal issues with the current EHCP, sent directly to the LA

Cost: £400


Paperwork check

A paperwork check is essential and a pre-requisite for any appeals carried out by Bright Futures. During the paperwork check, your strength of case is assessed.

Cost: £300

For the Refusal to Assess Service, the paperwork check is 50%: £150. For all other appeals it remains as above. If an EHC check has already been conducted (within 4 months of registering the appeal) then a paperwork check will not be necessary. This is none refundable once paid.


Register an Appeal

The cost for this service is £240. Once paid this aspect is non-refundable as work generally commences straight away.


Case Management

There are 4 different types of case management. The one applicable to you will be agreed before commencement.


1) Appeal against refusal to assess
£500

Included:

• Registration of appeal
• Full representation from registration to the day before hearing
• Telephone contact with necessary individuals e.g. SENDIST, LA, professionals, witnesses
• Liaison with family/young person
• Preparation of associated evidence and case summaries
• Checking the bundle and associated LA evidence
• Writing counter arguments where necessary
• Working to SENDIST timescales and sending information to the courts in accordance with this guidance
• Preparation for a paper hearing should it be clear that one is to go ahead

What is not included: Hearing representation or preparation (this only comes about with purchase of Hearing Representation). If you are planning on representing yourself on the day and you wish for Bright Futures to train you on exactly what to say on the day, including forming a ‘remaining disputes document’ the charge is £400.

If there are significant changes to the hearing timetable, then further charges may occur. These will be decided on an individual basis and aim to be as fair as possible. The sum is non refundable


2) Appeal against Refusal to Issue
£1,100

Included:

• Full representation from registration to the day before hearing
• Telephone contact with necessary individuals e.g. SENDIST, LA, professionals, witnesses
• Liaison with family/young person
• Preparation of associated evidence and case summaries
• Checking the bundle and associated LA evidence
• Writing counter arguments where necessary
• Working to SENDIST timescales and sending information to the courts in accordance with this guidance
• Preparation for a paper hearing should it be clear that one is to go ahead

What is not included: Hearing representation or preparation (this only comes about with purchase of Hearing Representation – please see below). If you are planning on representing yourself on the day and you wish for Bright Futures to train you on exactly what to say on the day, including forming a ‘remaining disputes document’ the charge is £400.

If there are significant changes to the hearing timetable, then further charges may occur. These will be decided on an individual basis and aim to be as fair as possible.

If the appeal is conceded by the LA within the first month of the appeal (within 30 days of the date of new registration), the Director will use their discretion to determine whether any sum is needed to be refunded to the client. Bright Futures will work out the amount of work already carried out on the case to ascertain this on an individual basis. After 1 month, the costs will be entirely non-refundable.


3) Appeal against content of the plan (not including school placement)
Cost: £1,750

Included:

• Full representation from registration to the day before hearing
• Telephone contact with necessary individuals e.g. SENDIST, LA, professionals, witnesses
• Appeal against content of the plan
• Liaison with family/young person
• Preparation of associated evidence and case summaries
• Checking the bundle and associated LA evidence
• Writing counter arguments where necessary
• Working to SENDIST timescales and sending information to the courts in accordance with this guidance
• Preparation for a paper hearing should it be clear that one is to go ahead

What is not included: Oral hearing representation or preparation (this only comes about with purchase of Hearing Representation – see details below). If you are planning on representing yourself on the day and you wish for Bright Futures to train you on exactly what to say on the day, including forming a ‘remaining disputes document’ the charge is £400.

If there are significant changes to the hearing timetable, then further charges may occur. These will be decided on an individual basis and aim to be as fair as possible.

Please note: If the appeal is conceded by the LA within the first month of the appeal (within 30 days of the date of new registration), the Director will use their discretion to determine whether any sum is needed to be refunded to the client. Bright Futures will work out the amount of work already carried out on the case to ascertain this on an individual basis. After 1 month, the costs will be entirely non-refundable.


4) Appeal against content of the plan (including School Placement)
Cost: £2,200

Included:

• Full representation from registration to the day before hearing
• Telephone contact with necessary individuals e.g. SENDIST, LA, professionals, witnesses
• Appeal against content of the plan and school placement
• Liaison with family/young person
• Preparation of associated evidence and case summaries
• Checking the bundle and associated LA evidence
• Writing counter arguments where necessary
• Working to SENDIST timescales and sending information to the courts in accordance with this guidance
• Preparation for a paper hearing should it be clear that one is to go ahead

What is not included: Oral hearing representation or preparation (this only comes about with purchase of Hearing Representation – see below). If you are planning on representing yourself on the day and you wish for Bright Futures to train you on exactly what to say on the day, including forming a ‘remaining disputes document’ the charge is £400.

School search/ admin associated with finding suitable placement. If a formal offer (in writing) has not been received by school of choice, or there is reason to doubt that the offer still applies, Bright Futures require the client to pay a Placement Support Service fee. The cost for this is £250 and includes:

- Advising on and liaising with suitable providers
- Sharing all paperwork
- Chasing school on behalf of parent
- Adapting case summary based on suitable school (flexing to changes, adapting legal argument)

The sum covers additional administrative costs and potential changes in argument if school of choice is unable to offer a place. If there are significant changes to the hearing timetable, then further charges may occur. These will be decided on an individual basis and aim to be as fair as possible.

Please note: If the appeal is conceded by the LA within the first month of the appeal (within 30 days of the date of new registration), the Director will use their discretion to determine whether any sum is needed to be refunded to the client. Bright Futures will work out the amount of work already carried out on the case to ascertain this on an individual basis. After 1 month, the costs will be entirely non-refundable.


Hearing Representation

£700 for 1 day (same cost for half or full day hearing)

This includes:
- Preparation for witnesses/attendees
- Preparation for own attendance
- Full representation on the day
- Submissions

What is not included:

- Subsequent work after the hearing day is finished, should this be necessary e.g. adjournment to timetable etc, further work needed.

Payment terms for hearing attendance:

50% of the fee is needed in order to immediately secure Bright Futures attendance. We cannot guarantee prioritisation of availability without this. The further 50% will be due 1 month prior to the hearing going ahead. If the appeal is conceded or if the appeal transpires to be on paper and this is clarified 1 month or earlier, prior to the hearing going ahead, only 25% of the overall hearing representation fee will be retained by Bright Futures. After this date and until 1 week prior, 50% of the overall hearing representation fee will be retained. 100% of the overall hearing representation fee will be retained 7 days or less, before the hearing if such a scenario occurs. Similarly, if the hearing date is moved by the courts 7 days or less from the date it was meant to go ahead, Bright Futures will retain 100% of costs. For support claiming back costs from the tribunal if such a situation occurs, Bright Futures charges £100 to submit a wasted cost application. These are normally successful.

If the date of the hearing is moved for any other reason, this may be subject to a charge. This is decided on an individual basis, dependent upon hours of time incurred, reasons for change and subject to director discretion.

If you do not opt to use Bright Futures as your representative Bright Futures will complete Case Management to the point discussed above in Case Management T&Cs.

Commissioning Bright Futures assumes agreement to the T&Cs & disclaimer. If there are any anomalies to the above, or additional services required that do not normally fall into the actions carried out by Bright Futures in each of these categories, it is at the director’s discretion to quote additional costs if deemed reasonable by the board e.g. change in grounds for appeal at the client’s request, adjournments.


These terms have been established on 31st March 2024 and have been accepted by the board. The next review will be in March 2025.