Specialist Education Law Solicitor
Specialist Education Law Solicitor
Practical answers, topic by topic. General information only, not legal advice on your specific circumstances.
Two months from the date on the local authority's decision letter, or one month from your mediation certificate, whichever is later. You must normally obtain a mediation certificate before appealing, though attending mediation itself is optional.
You can appeal the description of your child's needs (Section B), the special educational provision specified (Section F), and the school or placement named (Section I). The same two month deadline from the decision letter applies.
Yes. Where Sections B and F are agreed and your dispute is only about the school or placement in Section I, you can bring a placement-only appeal, arguing suitability, incompatibility with the efficient education of others, or unreasonable public expenditure. If the authority reopens B or F during the appeal, it proceeds as a full contents appeal instead.
Yes. A decision to cease to maintain an EHCP carries the same right of appeal to the SEND Tribunal as other EHCP decisions, on the same two month deadline. Given the urgency of losing statutory support, early advice matters.
Section 42 of the Children and Families Act 2014 places an absolute duty on the local authority to secure the provision in Section F. If it is not being delivered, a formal letter before action can be sent, and if the authority still fails to act, judicial review may follow.
Yes, under the Equality Act 2010, disability discrimination claims against schools go to the First-tier SEND Tribunal. This can include claims connected to an exclusion. Claims must generally be lodged within six months of the discriminatory act.
You must apply within 15 school days of the governing board sending its decision letter upholding the exclusion. The independent review panel cannot reinstate your child directly, but it can uphold the exclusion, recommend the governing board reconsider, or direct reconsideration. Where disability discrimination is involved, a claim to the SEND Tribunal is a separate route which can order reinstatement, even after your child's name has been removed from the roll.
Under section 19 of the Education Act 1996, the local authority has a duty to arrange suitable full-time education for a child who, for reasons of illness, exclusion or otherwise, would not receive it. Where this duty is not met, a letter before action requiring the authority to secure education is the usual first step.
Where a child has social care needs alongside educational needs, these can be reflected in Sections D and H of the EHCP. A request for a section 17 Children Act 1989 assessment can run alongside representations on the EHCP where the two overlap.
Before a judicial review claim can be issued, a letter before claim must normally be sent, setting out the decision challenged and the remedy sought. The public body should normally respond within 14 days. The claim itself must still be filed promptly and, in any event, within three months of the decision, regardless of how long the pre-action correspondence takes.
Yes. Most local authorities operate a two stage internal appeal process for home-to-school transport decisions, reviewed first against the published policy and then, if unresolved, by a panel. If both stages fail, a complaint to the Local Government and Social Care Ombudsman or judicial review may follow, depending on the facts.
You have a statutory right to appeal a refused admission to an independent appeal panel. The panel considers whether the admission arrangements were correctly applied and, for oversubscribed schools, whether your case outweighs the prejudice of admitting one more child.
No. An EHCP can continue up to age 25 where the young person needs continued educational or training provision to achieve agreed outcomes, including in further education. Disputes over further and higher education support can also be raised with the institution directly or, in some cases, the Office of the Independent Adjudicator.
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This page is general information, not legal advice on your specific circumstances.
Private fee paying clients only. No legal aid.