We can help guide parents through the labyrinth of Education Law including Special Educational Needs Assessments and a Statement of Special Educational Needs.
Education Law can seem like a labyrinth for parents and guardians. East Anglian Chambers has experience in all aspects of Education Law.
Aquiring Statutory Assessment for Statement of Special Educational Needs
We can assist you with the process of acquiring a Statutory Assessment in order for you to obtain a Statement of Special Educational Needs.
If your child is not progressing as you would hope, either you or the school may ask the Local Authority to carry out a Statutory Assessment. We can make representations on your behalf. There is a prescribed timetable for this process which must be carefully observed. Once you have statements, you may need advice about whether these suitably regard the needs of your child.
If the Local Authority refuses to comply with its duties in regard to the Statutory Assessment, or the Statement of Special Education Needs, then you can appeal to the Special Educational Needs and Disability Tribunal ("SENDIST", part of the First-tier Tribunal's Health, Education and Social Care Chamber). We can provide you with advice and representation so as to ensure the best possible outcome for your child.
School Admission Appeals
The Spring Term can be a very stressful and a disappointing time for families who are waiting to hear which school their child is to be placed in for the following September. We can provide advice and representation at Admission Appeals. There are three main admission appeals:
Grammar school appeals
Infant class size appeals
Primary and secondary school admission appeals (sometimes called Prejudice Appeals)
If your child has not been selected at your preferred school then you should seek advice on how to appeal. If you need guidance on the steps of the appeal process. At East Anglian Chambers we will :
Find out whether the school’s published admission arrangements comply with the legal duties
Ascertain if prejudice would arise if the child was allowed a place at the school
We advise on the prospect of bringing a successful complaint to the Ombudsman or a case of Judicial Review if your initial appeal fails. We can also help if your child has been excluded from school and you wish to challenge the decision. Our experienced team can advise you at every stage of the process with a view to obtaining the best result for your child.
It is very distressing for any parent to have allegations made by a school that their child has acted in such a disruptive, violent or other manner such that it is required to have them excluded on a temporary or permanent basis. However, often the school has applied the wrong test for exclusion and failed to take account of the statutory criteria. Furthermore, you may object to the exclusion because you dispute the facts. The experienced team at East Anglian Chambers can assist preparing and representing you at every stage including the intial appeal or if required challenging the first instance decision by the independent panel. This may include questioning witnesses at the hearing from school and the board of governors with a view to overturning the decision.
If you would like to talk to a barrister at East Anglian Chambers about Statutory Assessments, Special Education Needs, School Admission Appeals, Exclusion Appeals, or any other issue under Education Law, please call the clerking team on 01473 214481.