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
Partner
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.”