Rachel Earnshaw is a Partner in the Family Team with a dual specialism in Special Educational Needs and Private Law Children. The cross-over in these areas enables Rachel to give complementary and holistic advice to clients.  Rachel recently spoke on our Instagram live and summarises here the content.

What are Special Educational Needs

Special Educational Needs (SEN) refer to the requirements of children whose ability to participate in and benefit from education is limited due to ongoing physical, sensory, mental health, or learning disabilities. It’s important to note that not every person with a disability has SEN.

Children with SEN

The Children and Families Act 2014, specifically Part 3, outlines the provisions for children with SEN. Local Authorities must support children who need additional or different support compared to their peers. This can include services like speech therapy for nursery-aged children, aiming to help them engage in school activities.

Why SEN is Relevant

Being classified as having SEN means that special measures are put in place to aid a child’s learning, health, and emotional development. This support can range from therapy and classroom assistance to providing additional materials like coloured screens for dyslexia or allowing the use of fidget toys. These adjustments should be allowed if they are reasonable.

The Process to Get Support

  1. Identify Needs: Speak to the school to identify the child’s needs. Each school should have a qualified Special Educational Needs Coordinator (SENCO) and a person to support pupils with medical conditions.
  2. Initial Meeting: The school should arrange a meeting with the teacher or head of year to discuss the required support. This often leads to a “One Plan,” which is reviewed regularly to ensure it meets the child’s needs.
  3. Further Support: If the One Plan is insufficient, an Education, Health, and Care Plan (EHCP) may be necessary. Either the school or parents can apply for an EHCP. If the Local Authority (LA) agrees, they will conduct an EHCP assessment. If not, the decision can be challenged through mediation or a tribunal.

What is an Education, Health, and Care Plan (EHCP)?

An EHCP is a legal document in the UK designed to support children and young people up to the age of 25 with special educational needs and disabilities. It ensures that children are not discriminated against under the Equality Act 2010.

EHCP Components

  • Assessment of Needs: Details the child’s strengths and difficulties in learning, communication, behaviour, physical health, and emotional well-being.
  • Desired Outcomes: Outlines long-term goals for the child in education, health, and independence, considering the views and aspirations of the child and their parents.
  • Support Plan: Specifies the support and resources provided, including specialized teaching methods, equipment, therapies, or additional assistance.
  • Support Providers: Lists all professionals involved in the child’s care, such as teachers, therapists, and healthcare providers, along with personal budget arrangements.
  • Review Process: EHCPs are reviewed annually to ensure they continue to meet the child’s needs and help them progress.
  • Educational Establishment: The EHCP will also name the school which the child is to attend.

Applying for an EHCP

  • Who Can Apply: Parents or schools can apply for an EHCP.
  • What You Need: Contact your local authority’s SEN team to request an EHCP Needs Assessment. Gather necessary information and documentation to support your application.
  • Next Steps: The LA decides whether to assess. If they do, the assessment process begins, typically taking 20 weeks, though it can extend to 1-2 years.
  • If Delayed: If the process takes too long, complaints can be made to the LA or the Ombudsman.

While Waiting for an EHCP

Children are required to attend school, and interim measures should be put in place. If children do not attend school, parents could face fines, especially after the law change in September 2024.

Disagreements and Appeals

If an EHCP is refused or does not cover everything, parents can appeal and challenge the decision through a tribunal. If the school does not meet the EHCP requirements, an emergency review can be called to consider moving the child to another school.

Types of Support Offered

Support can include outside therapy, speech and language therapy, and practical assistance like transport. If you feel your child may have additional needs, speak to the school and apply for an EHCP. Private assessments may help, depending on the LA.

What we can do for you

Every family has its own circumstances and challenges.  We can:

  • Advise in relation to your legal rights and the legal process.
  • Assist in challenging failings.
  • Review the EHCP with you to ensure it covers all necessary aspects.
  • Represent you at tribunals if needed.

If you’d like to talk to one of our solicitors contact our team by filling out our online contact form or call 08082 587 319