Child’s school not meeting SEN needs

Making sure a child’s educational needs are met is essential for their development, well-being, and chances in later life. This is especially important for children with Special Educational Needs (SEN). Unfortunately, many schools fail to meet pupils’ SEN needs, even where children have Education Health and Care Plans (EHCPs) in place.

If a school is not meeting the SEN needs of your child, our specialist SEN lawyers can help. We can ensure your child has the right EHCP in place, advocate for their needs to be met and advise on admissions appeals if your child has been turned down from their first-choice school.

To discuss how we can help where a school is not meeting your child’s needs, you can book a fixed fee online consultation with one of our education specialists. You will then have the information you need to decide on your next steps and how our team can best support you.

Securing the right SEN help for your child can be complicated, but please know that we have the specialist expertise required for these complex matters. Our education law specialists have extensive experience with SEN matters and act solely on behalf of children, students and their parents. We are committed to ensuring that all children are treated fairly and receive the educational support they are entitled to.

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

What others say about IBB’s specialist education solicitors

“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 and 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, also 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 that is going through a similar situation as mine.”

“IBB offer unrivalled skill and expertise when it comes to education law matters. They are very well-placed to represent students in all types of public and private law claims against universities. They also do a lot of work in the schools sector, in particular when representing parents in claims against independent schools. They are knowledgeable in the main areas of law that cut across these and associated areas of the education sector. Given their level of experience in these areas, they also have a very good practical understanding of the education sector. They are geared towards achieving good practical outcomes for their clients.”

Very empathetic and attentive to each individual clients 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

“…………. was very quick and efficient. My matter was dealt and over with quite quickly with a happy outcome.’

‘Focused and determined education team.’

How IBB Law’s education law solicitors can help with legal rights and SEN support

Securing EHCPs

You can request an assessment from your local authority to determine if your child needs an Education Health and Care Plan (EHCP). However, the local authority does not necessarily have to carry out the assessment if they feel there is insufficient reason to do so. Additionally, even if an assessment is carried out, there is no guarantee an EHCP will be made.

Our team can advise on the process of applying for an EHCP assessment and how the assessment will work. Understanding what is required can help ensure that your application is as strong as possible and that you can provide the right evidence to boost your child’s chances of getting an appropriate EHCP.

If an assessment request is turned down or an EHCP is not made, we can advise on your options, including the right to appeal the decision.

Reviewing and updating EHCPs

The exact help an SEN pupil needs will change throughout their education. As such, if they have an EHCP, it will need to be reviewed regularly and, where appropriate, updated.

We can advise on the process for requesting a review and support you in making an appeal if an updated EHCP is not made or you feel the new terms are insufficient for your child’s needs.

Making sure EHCPs are followed

Getting an EHCP in place is a major step in securing the right SEN help for a child, but sadly, it does not always mean that the required help will be provided. If your child’s school is not following the EHCP, you can talk to the school, complain to your local authority, look at options such as mediation to resolve the issue, and, if necessary, appeal to the SEND Tribunal.

Our team can help you with all of these options, ensuring that your child receives the right support as quickly as possible.

If your child has an appropriate EHCP and their school cannot meet their needs, we can advise on your options, including moving them to an alternative school where possible.

Admissions appeals for SEN pupils

Ensuring your child’s educational needs are met can often rely on securing them a place at the right school. Unfortunately, competition for places in schools with good SEN provision is often fierce, so it is not unusual for parents who are desperate to get their child into a specific school to have their application turned down.

Our team are experts in school admissions appeals, so we will be happy to advise on your options if your child has been refused a place at their first-choice school.

Steps to take when your child’s SEN needs aren’t being met

If you believe a school is not meeting your child’s needs, then there are various steps you can take.

1.    Talk to the school

You can raise your concerns with the school’s Special Educational Needs Coordinator, the head teacher or another appropriate person, such as your child’s head of year. If you are unsure who to talk to, the school should be able to advise you.

2.    Talk to your local authority

If your child’s school does not resolve the issue satisfactorily, you can write to your local authority to make a complaint. They should respond by either agreeing on how your child’s needs will be met or stating why they believe no further action is required.

3.    SEND mediation

The next step is usually to attempt mediation to resolve the dispute. Your local authority should pay for this, which will involve you and a representative of the school or local authority meeting with a trained mediator. The mediator will try to guide the parties towards reaching an agreement on how the issues should be resolved.

4.    SEND Tribunal

If you are unhappy with the outcome of mediation, you may be able to apply to the SEND Tribunal to decide whether anything else needs to be done to meet your child’s needs. This will involve a hearing in front of a panel of experts who will decide whether the school and local authority are meeting your child’s needs and, if not, what action they need to take in order to do so.

How to make a complaint about SEN provision

As covered above, in the first instance, you should speak to your child’s school. If this does not lead to a satisfactory outcome, you can complain to the local authority. If you are still unhappy with the result, you will normally need to attempt to resolve the matter through mediation before you can appeal to the SEND Tribunal.

Our experts will be happy to advise you on the process for making a complaint if your child’s school will not or cannot meet their needs as set out in an EHCP.

How to get one-on-one support in school

If you believe your child needs one-on-one school support, you will normally first need an Educational Health and Care Plan (EHCP). As covered above, you can apply to your local authority for this.

If your child has an EHCP stating that they need one-on-one support, their school is legally required to provide this. If this is not happening, you should speak to the school first. If this does not work, follow the process covered above in the section ‘Steps to take when your child’s SEN needs aren’t being met’.

We can advise you on securing one-on-one support in primary schools and one-on-one support in secondary schools, which will help ensure your child’s educational needs are met.

Our SEN support fees

We offer an initial online consultation with one of our specialist education solicitors for a fixed fee. This gives you the opportunity to explain your situation and hear how we can help.

To arrange your consultation, please contact our education law senior legal administrator, Rachael, on 01895 207230, our administrator Kinjal on 01895 207240 or email educationteam@ibblaw.co.uk. You can then select a day and time convenient for you.

After your initial consultation, we can advise you on the costs for any further help you may require. The nature of the issues, the complexity of the matter, and the time the work will take to complete, will determine the cost . We will agree costs in advance, so you are in control of how much you spend.

For more information on our education law pricing, please get in touch.

Common questions about schools not meeting SEN needs

Does my child need an EHCP?

Your local authority will determine whether your child needs an EHCP. Your child does not need to have been diagnosed with Special Educational Needs in order to be assessed or receive an EHCP, but if they do have a diagnosis, this may help.

What should I do if my child’s EHCP isn’t being followed?

If your child’s EHCP is not followed, you should speak to their school. If this does not resolve the issue, then you can escalate the matter to your local authority and, if necessary, the specialist SEND Tribunal.

The above section, ‘Steps to take when your child’s SEN needs aren’t being met,’ covers this in more detail.

Can a school refuse a child with an EHCP?

In general, schools are not allowed to refuse children with EHCPs. However, there are some exceptions, such as if accepting the child would create a serious health and safety risk or where the school does not have the resources and/or facilities to meet the child’s needs.

What if my child needs more support than the school can provide?

If your child’s school cannot meet their SEN requirements, then there may be various options available depending on the situation. These might include external support or moving your child to a different school.

If you are concerned about this, our experts will be happy to discuss how we can help.

How can I ensure my concerns are addressed effectively?

So that you can have confidence your concerns will be addressed properly, it is a good idea to make sure they are set out clearly with all appropriate supporting evidence. This is one of the key ways in which our team can help. We can advise on your child’s rights, how to write an appeal and what evidence you need for any subsequent proceedings.

How do I get my child into a special needs school in the UK?

If you want your child to attend a specialist SEN school, then they will need an EHCP first. Your local authority has a legal duty to reserve a place for your child at a school named in their EHCP, so getting this in place is a very important step.

If your child does not get a place at their first-choice school for any reason, we can support you with making a school admissions appeal.

Call today to discuss how we can help with securing SEN support for your child

To find out more about how we can help if your child’s school is not meeting their SEN needs, please contact our education law senior legal administrator, Rachael, on 01895 207230, our administrator Kinjal on 01895 207240 or by emailing educationteam@ibblaw.co.uk.