Category Archive: SEN legislation

Navigating the law relating to Special Educational Needs

Navigating the law relating to Special Educational Needs

Ensuring your child’s educational, health and care needs are met is vitally important, but it can be a challenge. This is especially true when local authorities (LAs) fail to meet statutory deadlines or don’t deliver the Special Educational Provision (SEP) identified in a child’s or young person’s Education, Health and Care Plan (EHCP). Imelda Brennan,…

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What is the situation when an appeal for a particular school is successful but where the LA challenges that decision via an appeal to the Upper Tribunal?

Can the child or young person start the placement agreed by the First-tier Tribunal or do they have to wait until they receive the decision of the Upper Tribunal? The LA should comply with a decision of the SEND Tribunal within certain timescales.  Where the Tribunal has ordered the LA to amend a child’s EHC…

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Who pays for a young person to bring an appeal to the SEND Tribunal?

Where an appeal concerns a child under the age of 16 the appeal is brought by the child’s parents or person with parental responsibility and they will either self–fund bringing the appeal or may qualify for legal help (https://www.gov.uk/check-legal-aid) if the case satisfies the Legal Aid Agency’s merits test and they are financially eligible. Once…

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