Special educational needs and disability matters
Schools face increasing challenges with special educational needs and disablity (SEND) provision. Rising numbers in education, health, and care plans (EHCPs), limited funding and insufficient special school places create daily pressures for school leaders. We provide practical support to help you address these challenges effectively.
Our education lawyers provide practical support for your everyday SEND queries, including advice on legal duties, parental complaints, funding issues, and policy development. We guide you through every stage of the EHCP process.
How we support you
We support schools through the EHCP process. We help schools with requests for Education, Health and Care Needs Assessments (EHCNAs), challenge local authority decisions and address non-compliance with statutory timescales.
We support schools with the EHCP statutory consultation process including drafting or reviewing responses to consultation to ensure they're comprehensive and legally sound.
Where EHCPs are already in place, we often advise our clients with queries around funding, training and resource.
We advise clients on challenging placement decisions. We can help you prepare complaints under the local authority’s internal complaints procedure, support escalation to the Secretary of State and, where appropriate, Judicial Review. Our team help you assess the merits of any challenge and prepare your complaint or claim.
We’ve developed a comprehensive SEND support pack for schools, including template letters and practical resources.
We provide training to many of the largest academy trusts in the country and local authorities on topics including the legal framework around SEND, managing complaints relating to SEND, responding to consultations, the EHCP process among others. We can tailor our training to tackle the key issues you're facing.
Our specialist lawyers have extensive experience supporting trusts and schools, with deep understanding of the processes and challenges surrounding SEND.
We can help you by:
- Accessing our SEND support pack for schools.
- Drafting and reviewing policies.
- Advising you on your legal obligations around SEND and ensuring these are being met in your school, both in relation to individual pupils and holistically.
- Advising you on parental complaints relating to SEND including helping you investigate these complaints lawfully.
- Drafting or reviewing requests for EHCNAs.
- Drafting or reviewing letters challenging Local Authority decisions relating to EHCPs.
- Drafting or reviewing letters challenging non-compliance with statutory timescales relating to EHCPs.
- Drafting or reviewing EHCP consultation responses and providing you with templates to support this process.
- Challenging local authority decisions on placement, including within their internal complaints procedure, to the Secretary of State and beyond.
- Providing training on the legal framework, SEND management in school or specific areas of challenge as tailored to your needs.
We support schools through the EHCP process. We help schools with requests for Education, Health and Care Needs Assessments (EHCNAs), challenge local authority decisions and address non-compliance with statutory timescales.
We support schools with the EHCP statutory consultation process including drafting or reviewing responses to consultation to ensure they're comprehensive and legally sound.
Where EHCPs are already in place, we often advise our clients with queries around funding, training and resource.
We advise clients on challenging placement decisions. We can help you prepare complaints under the local authority’s internal complaints procedure, support escalation to the Secretary of State and, where appropriate, Judicial Review. Our team help you assess the merits of any challenge and prepare your complaint or claim.
We’ve developed a comprehensive SEND support pack for schools, including template letters and practical resources.
We provide training to many of the largest academy trusts in the country and local authorities on topics including the legal framework around SEND, managing complaints relating to SEND, responding to consultations, the EHCP process among others. We can tailor our training to tackle the key issues you're facing.
Our specialist lawyers have extensive experience supporting trusts and schools, with deep understanding of the processes and challenges surrounding SEND.
We can help you by:
- Accessing our SEND support pack for schools.
- Drafting and reviewing policies.
- Advising you on your legal obligations around SEND and ensuring these are being met in your school, both in relation to individual pupils and holistically.
- Advising you on parental complaints relating to SEND including helping you investigate these complaints lawfully.
- Drafting or reviewing requests for EHCNAs.
- Drafting or reviewing letters challenging Local Authority decisions relating to EHCPs.
- Drafting or reviewing letters challenging non-compliance with statutory timescales relating to EHCPs.
- Drafting or reviewing EHCP consultation responses and providing you with templates to support this process.
- Challenging local authority decisions on placement, including within their internal complaints procedure, to the Secretary of State and beyond.
- Providing training on the legal framework, SEND management in school or specific areas of challenge as tailored to your needs.
Featured experience
Representing a mainstream academy
Representing a mainstream academy within SEND Tribunal proceedings for admissions to the academy. We worked closely with the academy’s senior leaders to produce a case to support the refusal to be named within the SEN statement in over ten cases. In addition, we provided advice to the academy on the LA’s case on the inability of the tribunal to name an academy.
Representing a selective academy
Representing a selective academy on an admissions complaint and in subsequent disability discrimination proceedings at the SEND Tribunal. Following our advocacy at the tribunal hearing, the claim against the academy was dismissed.
Supporting a secondary academy
Supporting a secondary academy on a proposal by the local authority to name the academy on a child’s statement. We worked with the academy to identify flaws in the process and to highlight the practical issues with the admission of the child. We advised and supported on the referral of the matter to the Secretary of State who agreed with the concerns raised and directed the local authority to begin the process of consultation again.
Mainstream academy
Supporting a mainstream academy in negotiations with the local authority regarding the expansion of the academy to include designated SEN provision. We negotiated the terms of a service agreement to cover the LA/academy relationship, including the management of admissions and finalised changes to the funding agreement with the EFA.
Key contacts
Philip Wood
Principal Associate
Hayley O'Sullivan
Principal Associate
Testimonials
“…a school within our Trust required assistance to contest the decision of the local authority regarding the placement of a SEND pupil. From the first conversation with Browne Jacobson, we felt reassured that the right outcome would be forthcoming for all parties – especially for the child involved.
"From detailed advice on a recommended approach to the drafting and reviewing of our communications and documentation, Browne Jacobson provided invaluable guidance, counsel and support.”
You may be interested in...
Legal Update
Ofsted confirms changes to inspection framework
Legal Update
Schools White Paper: SEND reform, behaviour changes and other expectations
Legal Update
Be prepared for the 2025-26 school year
Press Release - School Leaders Survey
Browne Jacobson’s School Leaders Survey exposes post-Covid downturn in school readiness among young children
Press Release - School Leaders Survey
Browne Jacobson’s School Leaders Survey illustrates concerns over financial resilience ahead of spending review
Legal Update
Unpacking the new guidelines for alternative provision: Practical steps for education institutions and providers
Legal Update
Exclusion appeal outcome aids clarity for schools
Legal Update
New alternative provision guidance: What it means for local authorities and schools
On-Demand
EdCon 2025: Top five takeaways
Press Release
Browne Jacobson bolsters education team with hires across key specialisms
On-Demand
Handling parent complaints against staff: Panel discussion
Legal Update - Children’s Wellbeing and Schools Bill
Attendance and children not in school
Press Release
Education predictions: What does 2025 have in store for schools, trusts and universities?
Legal Update - Children’s Wellbeing and Schools Bill
What does the new Schools Bill mean for admissions?
Press Release
Comments on the latest SEND tribunal statistics
Press Release - School Leaders Survey
Browne Jacobson’s latest School Leaders Survey illustrates need for better SEND guidance as exclusions rise
Thought Leadership - School Leaders Survey
School Leaders Survey Autumn 2024: The results are in
Legal Update
What the UK Covid-19 Inquiry means for higher education providers
Legal Update
When should a school add a pupil to its admissions register?
Legal Update
What the UK Covid-19 Inquiry means for schools
Legal Update
Changes to attendance requirements for schools
Legal Update
Mitigating the £6.2bn black hole: Are councils maximising these resources well enough?
Legal Update
SEND capacity issues leading to non-compliance
Legal Update
New case on the reasonable adjustment duty for pupils in schools
Press Release
Half of school leaders think Ofsted does not have the expertise for Multi-Academy Trust inspections, according to new survey
Article - School Leaders Survey
School leaders survey Summer 2023 – the results are in
Guide
FAQs - converting to academy status
Legal Update
Children's commissioner recommendations for SEND reform
The Children’s Commissioner, Rachel De Souza, has recently published a report “Beyond the labels: a SEND system which works for every child, every time”, which she intends to sit alongside the DfE’s SEND Review (2019) and SEND Green Paper (2022) and which she hopes will put children’s voices at the heart of the government’s review of SEND system.
Press Release
Law firm picks up record breaking sixth Education Investor Award
Browne Jacobson’s education team has been named as winner of the ‘Legal Advisors to Education Institutions’ category at the Education Investor Awards 2022 for a record sixth time.
Legal Update
Browne Jacobson’s market leading Education expertise recognised again in latest Legal 500 rankings
The new set of Legal 500 directory rankings have been published and we are proud to once again be recognised as one of the country’s leading firms advising the Education sector.
Published Article
Key steps to avoid falling foul of disability discrimination laws
The law around disability discrimination against pupils is not straightforward – but the reputational risk, let alone costs, of falling foul of the law are huge, so it’s worth upskilling staff whenever possible, as these two lawyers outline.
Press Release
Browne Jacobson’s C-suite exec level coaching team appoints two new education specialists
National law firm Browne Jacobson has grown its team behind its dedicated Space + Time executive coaching programme with the addition of two more qualified coaches who will work with clients in the education sector.
Legal Update
The Disabled Students Commission – supporting students on their journey through higher education
Schools and education authorities in England have had a duty to provide reasonable adjustments for disabled pupils since 2002. Disabled pupils have been supported in this way within the school environment but what can they expect as they continue their education journey into higher education?
Legal Update
Advocacy in Action: school places during a national pandemic
In this second Advocacy in Action update, we consider the issue of claims arising from school placements during Covid-19 lockdown.
Legal Update
Department for Education (DfE) guidance on educational provision during lockdown
The government decision on lockdown and the subsequent Department for Education (DfE) guidance vulnerable children and the children of critical workers and actions for schools to take during lockdown.
Legal Update
Admissions Code consultation
The Department for Education (DfE) is currently consulting on a draft version of the School Admissions Code.
Legal Update
Admissions during Covid-19
Whilst the Department for Education (DfE) has implemented statutory changes to elements of the frameworks relating to admission appeals, exclusions and special educational needs, there have been no changes relating to the legislation relating to admissions.
Legal Update
Covid19: changes to special educational needs and disability (SEND) legislation
The DfE has published a notice under the Coronavirus Act 2020 as well as amending regulations and guidance which make some changes to the special educational needs and disability (SEND) framework arising from the Children & Families Act 2014 and the SEND Regulations 2014.
Legal Update
Coronavirus – guidance to social care and schools on vulnerable children and young people
With Covid-19 expected to place a substantial burden on statutory services and school closures being put into effect, the Government has now issued guidance on continued protection of this group.
Legal Update
Horizon scanning
In the first of what we hope will become a regular feature in Be Connected, Nick MacKenzie reviews what’s on the horizon for the education sector and briefly shares with you a number of themes.