What Can I Do If My Child Isn't Getting The Right Support For Their SEN At School?


The Law Of… getting the best support for children with SEN

Specialist Education Law and Community Care solicitor Samantha Hale explains what parents can do if you're worried that your child's special educational needs (SEN) aren't being met at school.

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What Can I Do If I'm Unhappy With The Support My Child Has Been Getting From The Special Educational Needs Coordinator (SENCO) At Their School?

A Special Educational Needs Coordinator (SENCO) is a qualified teacher who is responsible for overseeing the support that children with special educational needs (SEN) get in mainstream schools.

If you're worried that the support being given to your child isn't meeting their needs or helping their progression, it's a good idea to arrange a meeting with the SENCO or approach the school's headteacher.

This will give you the chance to raise any concerns you have and discuss what assistance your child should receive going forward, such as introducing them to new activities or using different techniques to engage them.

We know how frustrating it can be if you don't get the outcome you were hoping for or the changes that have been made aren't working for your child. If you'd like to take further action, our Education Law solicitors can offer you advice and guidance on how to make a formal complaint to the governing body.

My Child Is Getting SEN Support At School But I Think That They Need An EHCP – What Can I Do?

Whilst the SEN support provided by schools is appropriate for some children, those who have more complex needs might need a higher level of support through an Education, Health and Care Plan (EHCP).

If your child's school is unable to meet the needs of your child, for example it doesn't have the right resources or specialist staff required, it should request an EHC assessment. The school should, however, notify you about this before the assessment is carried out.  

Alternatively, if you believe that your child would benefit from an EHCP then you can make a request to your local authority for an EHC needs assessment, even if the school has said they will request this. If you'd like some advice on how to make this request, speak to one of our solicitors about what steps you need to take.

How Can I Get The Provisions In My Child's EHCP Reviewed Or Changed?

As children's educational needs may change over time, it's likely that their EHCPs will need to be updated and amended.

Local authorities have a duty to carry out annual reviews of EHCPs. But, if you think that your child's plan urgently needs to be reviewed, for example the provisions aren't meeting their educational needs, we can help you request an earlier review. We can also help you prepare for the annual review.

If you don't agree with a decision made about your child's EHCP, our Education Law solicitors can support you throughout the appeal process and represent you at a SEND Tribunal.

How Can Simpson Millar's Education Law Team Help Me?

When your child's education is at stake, we know that acting quickly but effectively can make a big difference to their future.

Whether you need advice or legal representation, our Education Law solicitors will fight for the right provisions and effective support to be put in place for your child, helping them to reach their full potential.

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