Irwin Mitchell

Irwin Mitchell

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England

In-House Lawyers

Esther Salter

Esther Salter

Work Department

Public Law & Human Rights

Position

Legal Director

Career

I represent children, parents and young adults in a wide range of education related public law matters in both private and publicly funded work.

I specialise in all types of SEND First Tier and Upper Tier Tribunal appeals. I have particular experience in bringing high value residential (Education Health & Care Plans) EHCP Tribunal appeals that focus on education outside normal school hours (waking day) and that seek health and social care recommendations through extended appeals. 

I regularly conduct my own advocacy at SEND Tribunals and assists families through the process, including seeking an EHC needs assessment, the contents of an EHC plan, securing suitable provision and appropriate schools, and the annual review process. 

I also have previous experience of acting for local authorities and I advise schools and colleges on SEND matters and their policies.

In addition to SEN work, I practice across all areas of education law, including exclusions, admissions, safeguarding, discrimination claims and education focussed Judicial Reviews such as SEN transport, failure to implement EHCP provision or children out of school. I regularly assist clients in preparing formal complaints against Local Authorities and through the LGO process.

I have 14 years’ litigation and dispute resolution experience as well as experience acting in education negligence and breach of contract cases. 

I obtained the first ever award for Exceptional Case Funding (ECF) a type of legal aid for a SEND tribunal appeal. In 2022 I helped to broaden the scope of ECF in SEND appeals for looked after children. 

I work with a number of education trusts, schools and SEN Charities to provide training, support and advice on education legal issues such as Exclusions, Disability Discrimination, EHCP content, SEN and military family issues, Tribunal tips and the working document process to support litigants in person.

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