It can be incredibly distressing for parents when their son or daughter’s education is in question. Too many parents of children with learning difficulties can be left feeling they have to battle a complex system to get what their child needs.
It’s thought over 50% of children with a Statement of Special Educational Needs are still being educated in mainstream schools, despite government research recommending dedicated teaching to improve performance.
Yesterday many families will have been notified of the decision about where their child with special educational needs will go to secondary school from September 2012. Local Authorities are required by law to issue amended Statements of Special Educational Needs by 15th February of every year.
If the local authority has failed to do this, parents can bring Judicial Review actions against them to do so.
If parents have received the amended Statement of Special Educational Needs and they are unhappy with the School, then they must lodge their appeal with the First Tier Tribunal as soon as possible.
The next few months will be a very difficult time for families with children with special educational needs.
Many families will feel very anxious about taking on schools and local authorities to secure a better school or provision for their child. It can seem very daunting. Others have been doing so for years and feel like the school and local authority do not listen. Often raising concerns can seem like a challenge when in actual fact it can mean working collaboratively with the school and the local authority.
Some situations may have broken down and there will be conflict because there is so much emotion associated with a child’s education and well being.
Judicial reviews can be brought in the name of the child and so therefore children will automatically qualify for legal aid. Parents who want to appeal to the First Tier Tribunal can also qualify for legal aid if they are on a low income or on benefits. We are happy to discuss avenues with families and assess the options free of charge. We also have access to charities who can offer support and advice through the process. We invite families to visit our website www.educationlawsolutions.co.uk to see the work we do.
Parents should visit www.sendist.gov.uk to give them an understanding of what they can expect a First Tier Tribunal appeal to involve.
Leena Hurloll, Moore Blatch - Education Law Specialist
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