Education Health and Care Plan Case Study

Author:
Nicola Duff
Public Law Solicitor
Date:
01/08/2019

Client Situation

Our client’s son was in mainstream education but wasn’t being provided with adequate support, despite being diagnosed with autism.

The client initially contacted our Education Law Solicitors as she was concerned her child was not getting the help he required at break times in particular. Indeed, there had been various incidents where the child had got hurt by another pupil at the school, and the client wished to secure one-to-one support in the playground.

How We Helped

After taking on her case, our Education Law Solicitors looked at the child’s Education, Health and Care Plan (EHCP) and found that it was clearly inadequate in a number of ways.

An appeal in respect of the contents of the EHCP was made to the Special Education Needs and Disability Tribunal and we took steps to obtain further expert evidence from an educational psychologist, an occupational therapist and a speech and language specialist.

The reports from these experts demonstrated that the school had failed to meet the needs of the child. In fact, the education psychologist specifically stated that on this occasion, a special school setting would better suit the child given their needs.

As a result, the client wished for her child to attend a local special school, which she had visited and liked very much.

The Outcome

The appeal settled before a final hearing, with the Local Authority agreeing that the child would be placed at the special school favoured by the mother.

The child’s EHCP was subsequently updated to reflect their needs, which included occupational therapy and speech and language therapy provision.

The education psychologist had been able to show that the child had dyslexia, which had not been picked up prior to this, and therefore was not reflected in the previous Education, Health and Care Plan.

It was clear that without coming to our Education Law Solicitors, the mother would have been left in the dark as to how inadequate the EHCP in place was, and how her child’s needs were simply not being met by the child’s current school.

Both mum and child are now excited about a new start at a school she believes will be able to help her son.

For more information see How to Appeal an Education, Health and Care Plan (EHCP).

For legal advice call our Education Solicitors

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