Education Law

EHC Plans (Education, Health and Care Plans)

An EHC Plan details a child or young person’s special educational needs, alongside the support they must receive and the school they will attend. 

We can help you at every stage of the EHC process, including making an application to your local authority for a needs assessment, advice about what is written in the EHC Plan, and your options if you disagree with a local authority’s decision.

SEN (Special Educational Needs and Disability) Tribunals

If you are not happy with the results of an EHC needs assessment, a decision not to issue an EHC Plan, the content of an EHC Plan (including if your chosen school has not been included), or a decision to end an EHC Plan, you can apply to the SEN tribunal to appeal the decision. 

Our education solicitors can assist you with your case, helping you to get the result you and your child deserve.

Admissions

If your child has not been offered a place at their preferred choice of school, our lawyers can advise you about the appeals process, what you need to do to challenge the decision, and assist you with preparing your case.

Should you feel that this decision is down to discrimination, our expert education discrimination lawyers are on hand to offer you the legal advice you need.

Exclusions

If your child has been excluded from school and you want to challenge that decision, our lawyers can advise you about the process to follow and assist you with your case.

This can be a distressing period for you and your child, however, you can rest assured our education lawyers will deal with your case with the utmost sensitivity.

Discrimination

Encountering discrimination within education can be upsetting and frustrating. If you or your child has been discriminated against, our education discrimination lawyers can give you advice on where you stand and help you to take action.

Our legal services also extend to teachers and other education workers who have experienced discrimination, with our education lawyers for teachers on hand to offer you the legal advice you need.

School Attendance / Failure to Attend School

Section 444(1) of the Education Act 1996 sets out the criminal offence of Failure to Secure Regular Attendance of a Registered Pupil. This means that, if a child of compulsory school age who is a registered pupil of a school fails to attend that school regularly, their parent(s) may be found guilty of an offence. 

However, if you can prove a reasonable justification for the failure to attend school, this may be a defence to the charge.

At Setfords, our lawyers understand that families in this situation are typically facing difficult times, often with children who have special educational needs (SEN) or significant mental health issues. We may be able to assist you through a process of investigation, evidence gathering, analysis, and careful drafting of written representations and legal submissions, to persuade the prosecuting local authority to withdraw/discontinue their prosecution against you.

For more information about school attendance cases, please click here to read our blog.