Special Educational Needs

• Legal Disputes
• SEND Tribunal Appeals
• High Court Appeals
• Judicial Reviews

Although we represent and advise clients in all areas of Education Law we claim particular expertise in the field of Special Educational Needs (SEN). SEN cases not only cover specific SEN issues but also many other types of Educational problems, including: Admissions, Exclusions, Transport, etc.

SEN issues are the most litigated type of Education case in both the High Court and, of course, in appeals made to the Special Educational Needs & Disability Tribunal (SEND Tribunal formerly 'SENDIST'). Ask any Headteacher, School Governor, LEA Officer or other Educational professional and they will tell you that dealing with SEN issues takes up a considerable amount, if not the majority, of their time.

LEGAL DISPUTES
Most legal disputes concern the making or maintenance of a Statement of SEN, however Statements are only part of the story as only 2 to 3% of pupils have Statements whilst some 20% are considered to have Special Needs.

Statements are sometimes said to lead to an inequitable distribution of resources since although they afford – in theory at least – a child’s right on what provision is needed to meet their needs in School, it is reported by the Audit Commission that 69% of SEN resources are focused on the 3% of pupils who have Statements.

click here for some more interesting statistical information about SEN.

We can help Parents with: SEND Tribunal Appeals, High Court Appeals and Judicial Reviews.

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SEND TRIBUNAL (Formerly 'SENDIST') APPEALS
We can provide advice and/or representation to Parents who are going through the statutory assessment/reassessment process or who need assistance and/or representation with an appeal to the SEND Tribunalagainst an LEA’s decision.

Appeals may be in relation to:

• Refusals to conduct a statutory assessment or reassessment
• Refusals to make a Statement of SEN after an assessment or reassessment
• Contents of Statements of SEN (including the description of special educational needs, the special educational provision, and/or the School or other placement named)
• Refusals to change the name of the School on a Statement
• Decisions to cease to maintain a Statement of SEN

We are able to assist Parents from the very beginning of the process right through to any final Tribunal appeal hearing, including making sure that any hard-won Statement is then fully implemented.

We can either do everything on the Parent’s behalf or act as a ‘Consultant’ for them if they wish to deal with the process themselves as far as possible.

We will often instruct experts on the Parents' behalf such as Educational Psychologists, Speech & Language Therapists, Occupational Therapists and Physiotherapists etc. We will also liaise, where necessary, with other relevant people including witnesses, Schools, LEAs and the SENDIST themselves.

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HIGH COURT APPEALS
Where Parents find that their appeal to the SEND Tribunal is refused in part or in full we can represent them in seeking a review of the Tribunal decision or, if the Tribunal has made a mistake on a point of law, in making an appeal to the High Court.

Alternatively, where an LEA is unsuccessful and appeals to the High Court themselves, we are able to represent Parents in resisting the appeal.

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JUDICIAL REVIEWS
Obtaining a statutory assessment or a good Statement of SEN, whether through a successful appeal to the Tribunal or otherwise, is not always the end of the story.

If LEAs or maintained schools then fail to make the special educational provision which is set out in the Statement, or if the LEA fails to comply with their statutory timescales to conduct assessments, make Statements or comply with other legal obligations that they are required to, Parents may need to use legal proceedings.

We frequently assist Parents (often through legal action brought in their child's name) in bringing Judicial Review proceedings to the High Court in order to make LEAs do what they are legally supposed to do. We also help Parents challenge other unlawful acts, decisions or policies.

You may also like to learn more about what we believe to be the Main Disputes in SEN cases.

 

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