Special Educational Needs And Disability Tribunal Proceedings
Special Educational Needs (SEN) and Disability disputes that cannot be resolved amicably must now be heard at the First Tier Tribunal for Special Educational Needs and Disability.
These are appeals made from Local Education Authority (LEA) decisions about the content of and funding for Education Health and Care (EHC) plans. The appeals they can deal with are:
- Assessment of a child’s educational, health and care needs (EHC needs).
- The creation of an EHC plan.
- To change an EHC plan; or
- To maintain an EHC plan.
Parents can often feel frustrated, stressed and lonely when opposed to decisions made by LEA’s about special educational needs. Our specialist solicitors will seek to understand the parents’ position and will advise and support them in this, in terms of drafting the appeal and dealing with the stages of the First Tier Tribunal process. This will include assessing the availability of current evidence to support the appeal, obtaining additional evidence and expert evidence that may be required to demonstrate the young person’s educational needs and the measures that need to be taken to deal appropriately with them.
Our specialist solicitors can represent you at the Tribunal Hearing to put your case to best effect and to obtain the best possible results.
In the past, our team have assisted a parent at the Tribunal to attempt to enforce the provision stated in a plan and have supported parents working to place their son at a Specialist (Fee Paying) School that they felt was best placed to meet his needs. The necessity for the placement was opposed by the Local Authority but the Tribunal found in the parents’ favour meaning that the LEA had to pay for the young person’s school fees.
Talk to Tollers
Our specialist solicitors will look to negotiate and put forward sensible proposals to bring the case to a conclusion without a Final Hearing if possible. All advice is given in a clear and easy to understand way, meaning parents are aware of the options open to them and the potential legal costs involved in following their chosen path. Get in touch to speak to our specialist solicitors.