SEND Defender

Client Agreement

This agreement explains how we will work together, what you can expect from us and what we need from you. Please read it carefully before you book. If anything is unclear, ask us before you pay.

Provider: Kate Jennings, trading as SEND Defender (a sole trader), referred to as "we", "us" and "our"

Contact: kate@senddefender.co.uk | senddefender.co.uk

Client: The parent or carer who pays for the service, referred to as "you"

Version 1, 30/09/2026

Part A: General Terms

These terms apply to every service we provide. Schedule 1 contains extra terms that apply only to the Ongoing Case Management Retainer.

1. How this agreement is made

1.1 This agreement is made up of these General Terms and any Schedule that applies to your service. If they conflict, the Schedule takes priority.

1.2 The agreement starts when we receive your payment. By paying, you accept these terms, as set out in the Acceptance section at the end of this agreement.

2. Who we are and what we do

2.1 SEND Defender provides independent special educational needs and disabilities (SEND) advocacy, information and support to parents and carers in England. Our work is grounded in the Children and Families Act 2014, The Education Act, the SEND Code of Practice 2015 and the Equality Act 2010.

2.2 We are not solicitors. We are not a law firm and are not regulated by the Solicitors Regulation Authority. We do not carry out reserved legal activities and our communications with you are not protected by legal professional privilege. If your case needs a solicitor, for example for Judicial Review, we will tell you.

2.3 You remain the decision-maker in your child’s case at all times. We advise and support; you decide what to send, sign and submit, unless you have agreed in writing that we will send something on your behalf.

3. The services

3.1 The service you have bought, its fee and what it includes are set out in your payment confirmation and in our published service descriptions at the time of booking.

3.2 Each service includes only what its description says. Anything else, including follow-up questions once a service is complete, is outside the service and can be booked as a new service, as Bespoke 1:1 Support at £85 an hour or through the Retainer.

3.3 A service is complete when we send you its final written deliverable or, for a call-only service, when the call ends.

3.4 Timescales for delivery are discussed and agreed with you when you book, based on our workload at the time. If your case involves a statutory or Tribunal deadline, we will tell you before you pay if we cannot meet it.

3.5 We will carry out the services with reasonable care and skill, as required by the Consumer Rights Act 2015.

3.6 We do not offer Judicial Review, Elective Home Education support or representation in any court.

4. Fees and payment

4.1 All fees are paid in full before work starts. For the Tribunal Support Package, each stage is agreed and paid before that stage begins.

4.2 Payments are taken through Stripe. We never see or store your full card details.

4.3 Any extra work, such as extra professional reports, extra amendment rounds or extra hours, will only be done once you have agreed the cost in writing and paid it.

4.4 We are not registered for VAT, so no VAT is added to our fees.

4.5 Travel and accommodation costs for any in-person attendance are quoted on application and agreed with you before booking.

4.6 If a payment fails or is not made, we may pause work until it is paid. We will tell you before we do this.

5. What we need from you

5.1 You agree to:

complete the pre-call questionnaire before your call, unless we have told you it isn’t needed;
give us accurate and complete information, and tell us promptly if anything changes;
send us documents at least 5 working days before any statutory or Tribunal deadline, so we have time to help;
keep track of your own deadlines and submit documents on time, as the responsibility for submission stays with you;
treat us with courtesy and respect.

5.2 We are not responsible for any delay or poorer outcome caused by information or documents reaching us late, or being incomplete or inaccurate.

6. Communication and working hours

6.1 Our working hours are Monday to Friday, 9:30am to 5:00pm, excluding bank holidays. We aim to reply to emails within 2 working days.

6.2 Email is our channel for all casework. WhatsApp is only available where your service says so and only for quick clarifying questions.

6.3 We do not provide an emergency, same-day, evening or weekend service.
6.4 You may receive correspondence and communications from us outside of our working hours as we progress your case due to individual personal working schedules, you are not required to reply during these times.

7. Appointments and rescheduling

7.1 You can reschedule a call once, free of charge, if you give at least 24 hours’ notice.

7.2 If you miss a call without notice, or ask to reschedule a second time or with less than 24 hours’ notice, we may treat the call as having taken place. We understand that SEND family life is unpredictable and will always consider genuine emergencies.

7.3 If we need to reschedule, we will give you as much notice as we can and offer a new time at no extra cost.

8. Authority to act

8.1 Where your service involves us corresponding with a school, local authority or other organisation on your behalf, you will sign a separate letter of authority. We will only contact others about your child with your permission.

9. Your right to cancel

9.1 Because this agreement is made at a distance, you have the right to cancel within 14 days of the day the agreement is made, without giving a reason, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

9.2 To cancel, tell us clearly by email. You can use the form in Schedule 2, but you do not have to.

9.3 If you cancel within 14 days and no work has started, we will refund you in full within 14 days of your cancellation.

9.4 If you ask us to start work within the 14 days (which you do by paying, as set out in the Acceptance section) and then cancel, you must pay for the work done up to the point you tell us you are cancelling, in proportion to the full fee. We will refund the balance.

9.5 If you asked us to start within the 14 days and we complete the service within that time, you lose your right to cancel once the service is complete. You will be asked to confirm you understand this when you ask us to start.

9.6 For digital content such as our online course and recorded workshops, if you agree that access can begin straight away and acknowledge that you lose your right to cancel, your right to cancel ends once access begins.

10. Ending the agreement

10.1 You can end a service early by email (with the exception of the retainer package). Apart from your rights under clause 9, fees already paid for work in progress are not refundable, but we will not charge for any stage that has not started.

10.2 We may end the agreement by email if you do not pay, if you behave abusively towards us, or if continuing would create a conflict of interest. We will refund any fee paid for work we have not started.

10.3 We may also step back from a case if we reasonably believe it needs a solicitor or is outside our expertise. We will explain why and refund any unused fee.

11. Outcomes

11.1 We will always work to get the best result for your child, but we cannot guarantee any outcome. Decisions are made by schools, local authorities and the First-tier Tribunal (Special Educational Needs and Disability), not by us.

12. Confidentiality and your data

12.1 We keep everything you share with us confidential. We will only share it with your consent, or where the law requires it.

12.2 If we become concerned that a child is at risk of harm, we may need to share information with the appropriate authorities without your consent.

12.3 We handle personal data, including information about your child’s health and needs, in line with the UK General Data Protection Regulation and the Data Protection Act 2018. Our privacy notice explains what we collect, why and your rights. Please request a copy.

12.4 We keep case records for 6 years after our last service to you, then delete them securely. [ICO registration number: ZC141545 ]

12.5 We will never use personal details related to you or, your child, in our marketing without your separate written consent.

13. Our content

13.1 The documents we write for you are for your own use in your child’s case. Our course, workshop and guide materials are for your personal use and must not be shared or resold.

14. Our liability to you

14.1 Nothing in this agreement limits our liability for death or personal injury caused by our negligence, for fraud, or for anything else the law does not allow us to limit.

14.2 We are not responsible for losses caused by the decisions of third parties, by information you gave us being inaccurate or late, or by events outside our reasonable control.

14.3 Otherwise, our total liability to you for any service is limited to the fees you paid for that service.

14.4 We hold professional indemnity insurance with Chiswell, please enquire for a copy of this.

15. Complaints

15.1 If you are unhappy with our service, please email us at Kate@senddefender.co.uk and tell us what went wrong. We will acknowledge your complaint within 5 working days and aim to respond fully within 14 working days.

16. General

16.1 We may update these terms from time to time. Changes will not affect a service you have already paid for.

16.2 This agreement is personal to you. You cannot transfer it to someone else.

16.3 If any part of this agreement is found to be unenforceable, the rest remains in force.

16.4 This agreement is governed by the law of England and Wales. You can bring a claim in the courts of England and Wales, or in your own part of the UK if you live elsewhere.

Schedule 1: Ongoing Case Management Retainer

These terms apply in addition to Part A if you join the Retainer.

S1. Eligibility

S1.1 The Retainer is by invitation only. It is offered to clients who have completed a paid service with us, such as the SEN Deep Dive & Action Plan, within the last month.

S2. Fee and hours

S2.1 The fee is £150 a month, a discounted rate compared with our standard hourly rate, paid in advance by Stripe subscription on the same date each month (the "Payment Date").

S2.2 Each month includes up to 2 hours of our time, recorded in 5-minute units. Hours reset on each Payment Date.

S2.3 Unused hours do not carry over to the next month and are not refunded.

S2.4 If it looks like your case needs more than 2 hours in a month, we will tell you before going over. Extra time is charged at £85 an hour in 30-minute blocks (£42.50 each), agreed and paid before we do the work.

S2.5 The Retainer is per family. The 2 hours are shared across all children in your family.

S3. What the Retainer includes

Reading and triaging correspondence from your child’s school, SENCO, local authority and professionals
Drafting or reviewing emails and letters, including chasers, responses, requests for information and first-stage complaint letters
Keeping a timeline of statutory deadlines in your child’s case and reminding you before each one
Reading new reports and evidence and explaining what they mean for your case
Quick strategy questions by email
An optional 30-minute check-in call each month, which comes out of your 2 hours
A short note of points and questions to take into a meeting you are attending

S4. What the Retainer does not include

Our packaged services, including needs assessment requests, EHCP draft and amended plan reviews, Annual Review representations, appeals and Tribunal stages. These are booked and paid for separately at their normal fee.
Attending meetings, mediation or hearings
Formal complaints to the Local Government and Social Care Ombudsman
Evening, weekend, same-day or emergency responses
Ongoing contact by phone, text or WhatsApp
Judicial Review, Elective Home Education support or advice from a solicitor

S5. Deadlines

S5.1 If something is urgent, please put "DEADLINE" in the email subject line. We will prioritise it within our working hours, but cannot guarantee a same-day response.

S5.2 Please send documents at least 5 working days before any deadline. Responsibility for meeting deadlines stays with you.

S6. Minimum term and ending the Retainer

S6.1 The Retainer has a minimum term of 3 months from your first payment. After that it continues month to month.

S6.2 You can end the Retainer by giving 30 days’ notice by email. Your notice takes effect 30 days after we receive it, or at the end of the minimum term if that is later. You will be charged for any Payment Date that falls before your notice takes effect.

S6.3 This minimum term does not affect your right to cancel within the first 14 days under clause 9. However, if work has been undertaken during this time, you will be charged for it.

S6.4 We can end the Retainer by giving you 30 days’ notice, or straight away if a payment is more than 7 days overdue or under clause 10.2. If we end it early for any reason other than your non-payment or conduct, we will refund any month you have paid for but not received.

S6.5 The Retainer cannot be paused, including during school holidays, as local authorities continue to work through these periods and we remain available to support during this time.

S7. Our availability

S7.1 We will give you at least 2 weeks’ notice of any absence longer than 5 working days (should absence mean an impact to your received service) and will deal with any deadlines that fall during it before we go.

S7.2 In the unlikely event we are unavailable for a whole month, you will not be charged for that month.

S8. Payments through Stripe

S8.1 You can update your card and see your invoices through the Stripe customer portal link we send you. To end the Retainer, please email us rather than cancelling through your bank, so we can confirm your end date.

Acceptance of these terms

By making payment for any SEND Defender service, you confirm that you have read, understood and agree to this Client Agreement, including any Schedule that applies to your service.

By paying, you also ask us to begin work straight away, within the 14-day cancellation period. You understand that if you cancel within that period you must pay for the work done up to that point, and that once the service has been fully completed you lose your right to cancel.

You also confirm that you understand SEND Defender is not a firm of solicitors and does not provide regulated legal services.