Interim Head of Education Law
We helped a child’s parents bring a judicial review and a positive ending in a case where the Local Authority were failing to provide suitable education for their child.
The parents of an 8-year-old girl with Autism who we will refer to as K, was attending the day school placement named in her Education and Health Care Plan (EHCP). As time passed it became increasingly apparent that the school K was attending was unable to meet her complex needs. K’s autism means that she is often non-verbal, and her way of communicating her distress in situations was through biting and scratching herself. Along with inflicting this aguish on herself, K would also lash out at others.
Autism can have many different signs, and in fact, it is estimated worldwide that 1 in 100 children have autism – so, there are many areas of the spectrum.
The Local Authority left K in her day school placement for well over a year, even though it was clearly not suitable for her. At the time, neither the parents or The Local Authority could find available spaces in any other day schools in the area that would be able to cater to K’s needs.
The only option that offered K a space was a special boarding school, much further away from their family home, but it did have the extra requirements that the family were looking for. Unfortunately, as great as it sounded for the family, The Local Authority would not agree to back this school, as those with residential settings come at a high cost.
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Legal Aid for First Tier Tribunal Special Educational Needs and Disability (SEND) appeals is only available through the telephone gateway. This is known as ‘legal help’ and only covers the preparation of a SEND appeal up until the final hearing.
Special Educational Needs and Disability (SEND) Tribunal appeals happen when you need to challenge a Local Authority’s decision over your child’s Education and Health Care Plan (EHCP). However, we’re currently seeing serious delays in the Tribunal - many hearings are listed for almost a year in the future.
Our Education Law Solicitors recently helped a family secure a residential place in an independent school for their year 7 child with severe developmental verbal dyspraxia.
Simpson Millar LLP. (Publication date not specified). "EHCP Section by Section Explained." Available at: https://www.simpsonmillar.co.uk/media/education-law/ehcp-section-by-section-explained/.
World Health Organization (WHO). (Publication date not specified). "Autism Spectrum Disorders." Available at: https://www.who.int/news-room/fact-sheets/detail/autism-spectrum-disorders
National Autistic Society. (Publication date not specified). "Extra Help at School - England." Available at: https://www.autism.org.uk/advice-and-guidance/topics/education/extra-help-at-school/england.
STAT. (2023, March 23). "CDC’s count of autism cases increases sharply." Available at: https://www.statnews.com/2023/03/23/autism-epidemic-cdc-numbers/.
Sarah re-joined Simpson Millar in 2018 having previously trained at the firm before spending a number of years working for a different national firm. She has a number of years’ experience in a range of Education Law and Social Care issues and has focused particularly on getting suitable education and/or services for children and young adults with a wide range of Special Educational Needs and/or disabilities.
Fill in the form below to get in touch with one of our education law team, or call our team today on: 0808 239 9764
