Mental Health Support at Schools

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Mental Health Support at Schools

Mental health issues in school can negatively affect a young person’s education and wellbeing. Our specialist education solicitors help pupils and their families get the mental health support they need in school.

With growing awareness of the impact of poor mental health on young people in school, pupils and parents rightly expect educational institutions to provide good mental health support.

Unfortunately, schools do not always meet those expectations. In these cases, expert legal advice may help young people get the help they need.

At IBB Law, our specialist education law solicitors are experienced in supporting pupils and their families who are dealing with mental health challenges.

We can advise on schools’ obligations, advocate for pupils’ rights, including SEN support, represent pupils who have been excluded in relation to mental health issues and offer guidance on raising complaints.

To learn about our experience supporting clients with a range of educational law issues, please read our Case Summaries and our more detailed Case Studies.

If you would like to find out more about how we can help, you can arrange a consultation by contacting our education law legal administrators, either Kinjal or Rachael, on 01895 207 961 or email at educationteam@ibblaw.co.uk.

Kinjal and Rachael can send you a link to an online booking suite so you can select a day and time that is convenient for your fixed-fee consultation to discuss mental health support for your child at primary or secondary school.  At that online consultation, the solicitor will listen to your story and consider any documents you have, following which they will advise how we can help you.

We are specialist education solicitors. We only act on behalf of children, students and their parents. Therefore, you can have confidence that we are here to help you. We put the interests of your child first.

How IBB Law can help with mental health at schools

Advocacy for pupils’ rights to appropriate mental health support in schools

Exactly what mental health support a pupil might need in school will depend on their circumstances.

Getting expert advice can help you understand what help you or your child might be entitled to, but it is often necessary to advocate strongly for a young person’s needs to make sure they get the right support.

Our team can provide professional advocacy to make sure you or your child get the right support for their mental health at school. We can work with your school to ensure they meet their obligations and have important conversations with school staff where necessary.

We can also provide specific advice on schools’ obligations regarding situations that may be negatively impacting a pupil’s mental health, such as bullying in schools.

Guidance for parents on ensuring schools meet legal obligations, such as creating individual support plans

There is a duty of care in schools to support children’s mental health, and in some cases, creating an individual support plan (ISP) for a young person may be appropriate. Having an ISP can help to provide certainty over what support a school pupil should be receiving.

However, schools will not always volunteer to create an ISP, and even if one is in place, they may not always provide the support set out in the plan. Our team can advise on the rights of pupils with mental health issues, making sure the right support is agreed and provided, including advice on special educational needs.

We can also advise parents who are concerned about safeguarding in schools, including where this is having a detrimental impact on a pupil’s mental health.

Representation in disputes regarding school exclusions related to mental health

Poor mental health can often play a role in school exclusions, and this is something that should be taken into account.

If you or your child are facing exclusion or have been excluded from school, we can step in to make sure any mental health issues are considered.

In many cases, it is possible to have an exclusion overturned if it can be shown that the pupil’s mental health was a key factor in the issues that led to their exclusion.

Our school exclusions solicitors can advise on your right to appeal a school exclusion, including in relation to mental health issues. We can then support you through the entire appeals process, increasing your chances of success.

Support in accessing appropriate special educational needs (SEN) provisions

Mental health at school often overlaps with issues around special educational needs (SEN).

Making sure pupils have the right SEN support in place can make a huge difference to their mental health, while the right mental health support can be critical to the educational outcomes of young people with special educational needs.

Our SEN lawyers can assist with making sure pupils receive the support to which they are entitled, including where the terms of an Education, Health and Care Plan are not adequate or have not been followed.

Advice on complaints against schools for failure to provide adequate mental health support

If you believe that your school has failed to provide appropriate support for mental health issues, then making a complaint may be necessary.

This can help your child to get the support they need in future and also ensure that the school’s role in any issues arising from a pupil’s ongoing mental health issues is acknowledged.

Our team can assist with making a complaint, including advising on a school’s mental health safeguarding policies. We can help you navigate the complaints process, giving you the best chance of securing a positive outcome.

Common questions about schools and mental health support

Schools have a legal obligation under the Equality Act 2010 to not discriminate against pupils on the grounds of disability.

Not all mental health issues will be considered a disability, but if the issues are having a substantial and long-term adverse effect on the pupil’s ability to carry out normal activities, then this may potentially be considered a disability.

If a young person’s mental health issues do meet the threshold to be considered a disability, then their school will be legally obliged to make ‘reasonable adjustments’ to minimise any impact of that disability on their school experience.

Schools can support pupils with mental health issues in various ways. Any support should be tailored to the young person’s specific needs.

This support could, for example, include making adjustments to the pupil’s schedule or expectations, providing additional learning support and/or referring them to a suitable counsellor.

Pupils have various rights under UK law regarding their education. This includes the right to a full-time education, protection from discrimination and support for any recognised special educational needs.

If you are unsure about your rights or those of your child, we can provide expert advice on these issues, including the rights of pupils with mental health issues.

Yes, it is possible that a pupil’s mental health issues could cause or contribute to their exclusion from school. While a school should not exclude a pupil because of their mental health, they may exclude them for behaviour that is linked to mental health issues.

In such cases, it may be possible to challenge the exclusion, especially if it can be shown that the school did not do enough to support the young person with their mental health challenges.

If a school does not provide the right support for a young person with mental health issues, then the pupil’s parents may need to get involved to make sure this is resolved.

In the first instance, parents may want to seek specialist legal advice for school mental health issues to make sure they know exactly what their child is entitled to. Parents can then speak to the school about their child’s issues and what support they feel would be appropriate.

If a school continues to fail to provide the right support, then parents may need to make a formal complaint. Our experts can assist with the complaints process, helping parents navigate the school system and ensure fair treatment.

Our team are experts in education law, including mental health support, so we can quickly assess your circumstances and advise on what your options are. We can then advocate for the rights of pupils with mental health issues, making sure this is addressed appropriately.

Where appropriate, we can assist with raising a complaint with a school or taking an issue further.

If you or your child have been suspended or excluded, we can step in to help appeal this decision on mental health grounds where possible.

What others say about IBB’s specialist education solicitors

“We needed an urgent consultation about an educational issue we had with the school. We were very impressed by Celia Whittuck, with whom we had the consultation; we were able to ask questions and discuss our situation, and we were very happy with the way Celia Whittuck handled our conversation. We felt listened to and that she provided the help we required, thank you.”

“From the outset, they listened and guided me through my options. I have been struck by the consistency in their process, their professionalism and empathy. Their strengths have definitely been in their willingness to collaborate with other legal professionals in order to give you the best possible chance of success. They don’t shy away from meeting online, so I really feel understood and cared for.”

“Very personal service where nothing is too much trouble. Prompt in all responses and no stone left unturned to advise thoroughly ensuring the best decision is made. Impressive high standards in all aspects of service. I can’t rate them highly enough.”

“I believe IBB Law Education Team have shown themselves to be true to their word. They have collaborated with me in terms of what to expect at each stage of my case. Their practice is transparent and open, and they are clear and concise regarding the fees.”

“The experience was excellent. I was able to sort out my issue in less than a month with the help of the team at IBB Law. Right from the beginning of contacting the firm, I was provided with all the support and communication with the team was also very smooth. I am more than happy to have contacted the firm. I would definitely recommend IBB Law to anyone who is going through a similar situation as mine.”

“Thank you so much for all your work on this. I have heard from staff and parents that safeguarding is now a huge priority for the school, so I feel that the action we took has had the desired effect.” 

“Hi Celia. To say I am so thankful and happy with this outcome is an understatement.  The best best news. Thank you again.”

“Very empathetic and attentive to each individual client’s needs. I felt heard and understood for the first time by professionals. The team was easy and quick to communicate with, and the whole process made me feel at ease.”

“IBB offer an excellent education law service, with particular expertise in higher education matters.’

“Celia Whittuck is a star individual. She has gained considerable experience in education law and has excellent strategic litigation strategy, particularly for civil claims against independent schools and universities, and internal complaints and appeal processes in relation to these institutions. She puts the client’s outcome at the heart of what she does and has a track record for achieving good results.’

“I wish to give my heartfelt thanks to the education team at IBB Law for assisting me through a very peculiar education matter, with specific regards to and commendation for Victoria Denis, the solicitor who had represented my matter.”

“Victoria successfully assisted me through an issue.”

“Throughout the months Victoria represented my matter, Victoria always gave me clear and detailed counsel and helped me explore all the options in terms of what action Victoria and I myself were able to take.”

“Victoria was attentive with keeping me updated in her correspondence.”

“Ultimately, the expeditious success of the matter speaks volumes to Victoria’s ability to navigate a rare and perplexing matter, especially as the matter took place in a transnational context.”

“Victoria empowered me to both move forward with my home life in the United States and to amicably resolve my affairs.”

“My son was falsely accused of some very serious misconduct issues. The wording, the process and the suspension were all terrifying and intense. We needed support in formulating our responses so we could challenge what was happening to my son and us as a family. Victoria Denis at IBB Law was fantastic. She was extremely professional and knowledgeable and calmly guided us through our options. She helped us clarify our responses and was an enormous support. I am grateful to IBB Law for their help at a time when I didn’t know where to turn. I think together, we saved my son’s life, and he will live to have a positive future.”

“Celia Whittuck has an excellent breadth of knowledge and is very responsive.”

“She is amazing.”

Celia has taken a particular interest in ensuring that the appropriate educational outcomes are achieved. Her commitment has been unwavering.”

“Celia Whittuck has been helpful, understanding, respectful and responsive.”

The Education Law Team at IBB is ranked by Legal 500. Legal 500 describe themselves as the leading guide to law firms and solicitors across the UK.

Celia Whittuck at IBB is ranked by Chambers and Partners. Chambers and Partners say of themselves: “Our rankings are the most thoroughly researched and independent on the market. Each one is assessed by our dedicated team of experienced researchers using our unrivalled research methodology, which includes tens of thousands of one-to-one interviews every year.

“If you are buying legal services in the UK and need reliable recommendations on the best law firms and solicitors, our rankings, editorial and analysis will provide you with the information you need to make the most well-informed decision when it matters.”

Call today for expert legal advice for school mental health issues

To find out more about how we can help with schools and mental health support, please contact Kinjal or Rachael, our education law legal administrators, on 01895 207 961 or by email at educationteam@ibblaw.co.uk.

Kinjal and Rachael can explain how we can help you and also direct you to our online booking suite so you can book a consultation meeting with one of our specialist education solicitors at a day and time convenient to you.