SEN

Secure the right support for your child

School Legal Services (SLS) is a multi-faceted legal and educational consultancy. One of our areas of expertise is Special Educational Needs (SEN) sometimes referred to as learning difficulties or disabilities.

Parents often encounter numerous difficulties when trying to secure the right level of support to meet their child’s needs and difficulties and are often unsure how to tackle the problem or they may lack the confidence to be able to challenge the LEA. We have responded to this demand by providing an extensive advisory service to parents in such stressful circumstances.

We support parents with their queries, complaints and appeals to the Special Educational Needs and Disability Panel (formerly SENDIST), which relate to their child’s Special Educational Needs. The most common tasks that we are asked to carry out include:

In a nutshell: acting as a sword and shield for your child.

The list below represents fairly typical day-to-day areas of complaint that we support families with – it is by no means exhaustive.



Is your child receiving the right support in school?

Many parents are concerned that their child is not receiving the level of support that has been agreed by the LEA (under, for instance, School Action Plus) or support that has been written in his/her Statement of SEN.

At SLS we can help you to identify the most suitable ways and means of getting the right level of support for your child in school, and then help you to actually get it.

Are you experiencing difficulties in the Statementing process?

The process of getting a Statement of SEN, or getting it changed, is one of the most complex formalities in the academic life of a child with special educational needs. In our experience there are many complications that can arise, such as:

At SLS we see many Statements of SEN that are thoroughly or fundamentally flawed. For example:

At SLS we can help develop your child’s Statement to its best potential in order to ensure that an accurate picture of he/she is presented and so that they receive the right level of support in school.

Appeals against Parts 2, 3 and 4 of your child’s Statement at SENDIST

After the health check of your child’s Statement, if the LEA do not agree to the proposed changes you put forward you may wish to appeal to the independent tribunal.

Also, perhaps the LEA has agreed to make some changes to your child’s Statement but what about the most common and important issue of them all – the school itself. Are they saying your chosen school is too full? Too expensive? Unsuitable for your child? If so, we can review the papers and help you to build your case to its maximum potential in order to get the right school for your son or daughter.

Our SEN Statement drafting service

Many parents and carers approach us who are simply exhausted, as they have negotiated with the LEA for weeks or months trying to get changes made to their child’s Statement but are now unsure as to what should be changed.

We can draft a detailed version of your child’s Statement, which you can then forward to the LEA for their consideration. This will involve looking at all of the relevant information and filtering it to use in the Statement in order to ensure that your child gets the right level of support in school.

Again if the LEA refuse to change your child’s Statement we can point you in the right direction as to the next possible steps to take.

Requesting a formal statutory assessment or your child

We can imagine what questions you have: “what is a statutory assessment? Will my child get a Statement? Why is a Statement so important?” In our experience this is a difficult and confusing time for parents who are just beginning to learn about the process of trying to get a Statement for their child.

At SLS we can help guide you through this very technical and stressful process in order to build the strongest possible case for your child to get a statutory assessment, which is the first necessary step to getting a Statement of SEN.

A Refusal to issue a Statement appeal at SENDIST

If, after asking the LEA to formally assess your child’s needs, there is always a possibility that the LEA will refuse to give him/her a Statement of SEN. Once this occurs you will have an opportunity to appeal to the tribunal.

It’s crucial that you appeal against the LEA’s decision, as the Statement ‘lookalike’ document that you would have been given (Note in Lieu) is not legally binding and is simply guidance to the school. There is still a realistic possibility that no real difference would have been made in terms of your child receiving practical and substantial support.

Other SENDIST appeals

Parents often approach us in a state of rage because their child’s needs are not being met in school. Experience and history have shown that a statutory assessment and a Statement lead to more support, which is tailored to the individual child in school.

This 1-2 hour consultation includes such important issues as:

If you are unsuccessful in getting a Statement of SEN for your child we can also help you with the options, such as appealing to the independent tribunal to challenge the LEA’s decision.

At SLS we can appreciate and understand your concerns, so please do not hesitate to contact us for a free no obligation discussion and we will explore what your options are. If you have a query, or need any particular kind of support (even if it is not one of the above services) do get in touch as we always aim to tailor our services and support to you, as an individual.

Our school choice consultation

We also advise and support parents throughout the less common appeals, such as:

Refusal to re-assess appeal at SENDIST – this is where, perhaps your child’s needs have changed but the LEA nonetheless refuses to assess them in more depth.

‘Cease to maintain’ appeals at SENDIST – this is where the LEA wishes to revoke your child’s existing Statement.

A Refusal to issue a Statement appeal at SENDIST

In our experience parents and carers are often unaware of the fact that there are numerous factors to consider when looking at their allocated school. For example, a mum contacted us recently expressing concerns about how ‘rough’ the kids were at the LEA’s chosen school allocated for her daughter with Severe Learning Difficulties. Knowing this was not enough we pointed her in the right direction, identifying and focusing on stronger points in her case, which resulted in a successful tribunal appeal.

In this consultation we can address such issues as:

We get queries from parents seeking advice as to getting a place at a wide variety of schools for their children ranging from local mainstream schools with a specialist unit attached to a residential special school that charges £250,000 a year.

School exclusions
Click here to read more about Exclusions

School transport queries/complaints

Annual review meetings (or interim reviews)

An annual review meeting is potentially the most important meeting relating to your child’s education, as it involves the gathering of views from professionals and experts and is an ideal opportunity to ask the LEA to make changes to your child’s Statement of SEN. We can support you in preparing thoroughly for the review meeting in order to ensure that you have maximised its potential for your child.

Formal complaints – including complaints against schools or LEAs via the Local Government Ombudsman or the Secretary of State (DCSF) Click to read more about General Complaints

Every year many parents encounter problems with the LEA or their child’s school but are unsure if the standard of care has been met.

The most common (and complex) complaint in the SEN field is where a school and LEA fail to provide a specific form of support for the child in school.

In our experience parents often need guidance, advice and support in their complaints to such bodies as the Secretary of State (Department for Children, Schools and Families) or the Local Government Ombudsman. We can advise as to the strengths and weaknesses of your proposed (or ongoing) complaint. We can also proof-read your draft complaint or prepare detailed complaints on your behalf.

No obligation free discussion

We are happy to have a no obligation discussion with you about your child’s special educational needs, or other educational issues, so feel free to call us on 0208 523 0887.

Specific and tailored support

Unlike most solicitors or barristers, and other consultancies, we do not work on a ‘9 to 5’ basis. We will regularly be talking with parents at times that are convenient for you (such as 9pm in the evening) and at weekends.

Family friendly approach

We offer a family friendly approach – we always call our clients by their first names and write in plain English, in order to make a stressful experience as pleasant and informal as possible.

Again our aim is to provide a top quality legal service in a manner that is customer and parent focused to meet your needs.

Free SEN Tipsheet and SEN Guide for parents

We have put together a  Tipsheet for those parents that are researching SEN issues in respect of their children.

Simply complete the information below and you will receive the Tipsheet and Parent Guide specifically targeted at Special Educational Needs issues by return email within a few minutes.