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Posted on: 04 Jun 2025

Client’s Story: 4 Year Old with Autism Secures Special School Placement After Successful Appeal

After her 4-year-old autistic son was refused a place at a special school, Ms S turned to Simpson Millar for help. The Local Authority had named a mainstream school in his EHCP, despite clear concerns about suitability. We challenged the decision at the SEND Tribunal, presenting strong legal and independent evidence. The Tribunal ruled in favour of Ms S, securing the special school placement her son urgently needed.

Posted on: 14 May 2025

Client’s Story: Tribunal Orders Local Authority to Assess Young Child’s Special Educational Needs After Unlawful Refusal

After Alex, a young child with complex communication needs, was unlawfully refused an Education, Health and Care Needs Assessment (EHCNA), his mother challenged the decision with help from Simpson Millar’s Education Law team. The SEND Tribunal ruled in their favour, ordering the Local Authority to carry out the assessment and highlighting widespread misapplication of the law. This judgment reinforces that existing support does not override the legal duty to assess a child’s needs under section 36(8) of the Children and Families Act 2014.

Posted on: 04 Apr 2025

Education Law Experts Call on Council to Fulfil Legal Obligations to Children with Special Educational Needs

Education Lawyers at Simpson Millar helped a family challenge Durham County Council after their disabled son was left without proper education or support. Despite having an EHCP, the child was denied a suitable placement until legal action was taken. The case highlights systemic failings by local authorities to meet legal obligations, with devastating consequences for vulnerable children. Simpson Millar is calling for change to ensure families don’t have to fight for the education their children are entitled to.

Posted on: 28 Feb 2025

What to Do if Your Child is Refused Their Preferred Secondary School Place

National Offer Day can bring disappointment for families whose child is refused a place at their preferred secondary school. Parents have the legal right to appeal, but success depends on presenting a strong case. Education law expert Dan Rosenberg from Simpson Millar explains the appeal process, key arguments to strengthen a case, and what to expect at a hearing. Families needing support with an appeal can seek specialist legal advice to challenge unfair decisions and secure the best outcome for their child.

Posted on: 03 Jul 2024

Tribunal Judge Rules on Education Plans for Children with Special Needs

An Upper Tribunal judge ruled that local authorities cannot cease an EHCP based on educational attainment alone. The decision emphasises the necessity of educational provisions for special needs children, impacting future cases.

Posted on: 26 Jun 2024

Schools’ Adjudicator Orders London Council to Review Admissions Policy Over Age and Race Concerns

A London Council must amend its primary school admissions policies after they were found to indirectly discriminate against families based on race and age. The ruling follows a legal challenge revealing that the policy unfairly impacted non-white and younger families in insecure housing.

Posted on: 30 Apr 2024

Our Guide to Understanding School Admission Appeals

It might be really scary if your child or children isn’t admitted to the right school. At the end of the day, every parent will want what’s best for their child, even more so if they have additional needs, meaning there are more requirements as to the best type of school that suits them.

Posted on: 22 Apr 2024

Hertfordshire County Council commits to review of special needs policies following legal challenge

Hertfordshire County Council has agreed to conduct a detailed review of how it assesses children with Special Educational Needs or Disabilities (SEND), following a challenge from a father who disagreed with the council's decision not to assess his child.

Posted on: 08 Aug 2023

What to do if your child’s SEND School Closes

Help securing your child’s education in line with their Education Health and Care Plan (EHCP)

Posted on: 12 Jul 2023

Children’s rights Lawyers urge politicians to reconsider making ‘care experience’ a protected characteristic

Welsh Government responds to recommendations made by the Children, Young People and Education Committee

Posted on: 21 Mar 2023

SEND Tribunal Appeal Delays in 2023 and 2024 - Why Parents Should Act Quickly

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.

Posted on: 20 Mar 2023

Everything You Need to Know about Education Health and Care Needs Assessments (EHCNAs)

We come across many frequently asked questions and misconceptions surrounding the assessment process for an EHCP, known as an Education, Health and Care Needs Assessment (EHCNA). Jessica Wake from our nationally leading Education Law team tells you everything you need to know.

A man assisting his son with his homework

Posted on: 16 Mar 2023

Case Study: Parents Appeal Son’s EHCP to Achieve Place in Post-16 Specialist School

We recently helped two parents achieve a place in an Independent Specialist School for their 16-year old son with autism. We helped them lodge an appeal to the Special Educational Needs and Disability (SEND) Tribunal.

Posted on: 01 Mar 2023

Secondary School Admissions: What to do if You're not Happy With Your Allocated School

The big day for school admissions is here. Today, families around the country will find out if their children have been allocated places at their chosen secondary schools. Learn how our No 1 Education Solicitors Appeal

Posted on: 09 Feb 2023

Northern Ireland Nursery Settles in Discrimination Case Over Child with Downs Syndrome

Two parents in Northern Ireland recently took their daughter’s former nursery to court after claiming they discriminated against her. The nursery have admitted that the girl, who has Downs Syndrome, was treated less favourably than other children, and they failed to make reasonable adjustments.

Posted on: 06 Feb 2023

Mum Successfully Challenges Local Authority over Daughter’s School Place in JADR Hearing

We helped a mother gain a placement for her child in her preferred school during a Judicial Alternative Dispute Resolution (JADR) Hearing, in a disagreement over travel costs.

Posted on: 13 Sept 2022

Case Study: Residential Placement Secured for Child in an Unsuitable School

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.

Posted on: 09 May 2022

Applied Behavior Analysis FAQ

As Education Lawyers, we are often asked questions about the sometimes controversial subject of Applied Behavior Analysis (ABA).

Posted on: 22 Apr 2022

The SEND Tribunal – What You Need to Know

If you are a parent of a child with special educational needs and/or disabilities, you may well have heard of the Special Education Needs and Disability (SEND) Tribunal. But what is the SEND Tribunal, what are its powers and why would a parent need to go to the SEND Tribunal?

Posted on: 04 Apr 2022

Parents Win Extra Support for Their Daughters Needs

The use of Applied Behaviour Analysis (ABA) can divide opinions but Simpson Millar’s specialist solicitors within our Education Law team have been instructed in many cases where there has been evidence of its success. Just one example of this is when we acted for the parents of a six year old girl who we will refer to as J throughout this article for the purposes of maintaining client confidentiality and privacy.

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