Education solicitors | Solicitors.com

Education law solicitors advise parents, children, young people, students, schools and education providers about legal rights and responsibilities within the education system.

Disputes may concern special educational needs and disabilities, Education, Health and Care plans, school admissions, suspensions and permanent exclusions, disability discrimination, school transport, bullying or a failure to provide suitable education.

Education law is a specialist area. The solicitors listed on Solicitors.com can explain the available procedures, negotiate with schools and local authorities, prepare appeals and, where necessary, represent clients before a tribunal or court.

Special Educational Needs and Disabilities

A child or young person may have special educational needs if they have a learning difficulty or disability that requires special educational provision to be made for them.

Special educational needs can affect:

• communication and interaction;
• learning and understanding;
• social, emotional or mental health;
• sensory processing;
• physical development or mobility; and
• the ability to access education without additional support.

Examples may include autism, dyslexia, attention-deficit/hyperactivity disorder, speech and language difficulties, hearing or visual impairment, physical disability, and social, emotional, or mental health needs.

A child does not need a formal medical diagnosis before a school can identify special educational needs or provide appropriate SEN support.

SEN Support in Schools

Most children with special educational needs receive support through their school or education setting without requiring an Education, Health and Care plan.

Schools should identify needs, plan appropriate support, put that support in place and review whether it is helping the child make progress. This is sometimes described as the assess, plan, do and review process.

Support may include:

• adapted teaching methods;
• additional adult assistance;
• small-group or individual teaching;
• speech and language support;
• specialist equipment;
• changes to the learning environment;
• support with communication or social interaction; and
• advice from educational psychologists or other specialists.

Parents should normally raise initial concerns with the class teacher, headteacher or the school's special educational needs coordinator, commonly known as the SENCO.

If the support being provided is insufficient, specialist legal advice may help establish what further action can be taken.

Education, Health and Care Needs Assessments

An Education, Health and Care needs assessment is a statutory assessment carried out by a local authority to determine a child or young person's needs and whether an EHC plan is necessary.

A request for an assessment may be made by:

• a parent;
• a young person aged over 16 but under 25;
• a school or college; or
• another person acting with appropriate authority.

The local authority must consider whether the child or young person has or may have special educational needs and whether it may be necessary for provision to be made through an EHC plan.

Evidence supporting a request may include:

• school reports;
• SEN support plans;
• academic progress records;
• medical reports;
• educational psychology evidence;
• speech and language assessments;
• occupational therapy reports; and
• details of support already tried by the school.

Education, Health and Care Plans

An Education, Health and Care plan is a legally enforceable document for a child or young person whose special educational needs require more support than is ordinarily available through their school or college.

An EHC plan should identify:

• the child or young person’s special educational needs;
• the outcomes being sought;
• the special educational provision required;
• relevant healthcare and social care provision;
• the school, college or other placement to be attended; and
• any agreed personal budget arrangements.

The provision should be clear and specific. Vague wording such as "access to support", "opportunities for therapy" or "support as required" may make it difficult to determine exactly what must be provided.

Where a local authority maintains an EHC plan, it is responsible for securing the special educational provision specified in the plan.

Timescale for an EHC Plan

The statutory process from the initial request for an EHC needs assessment to the issue of a final EHC plan should normally be completed within 20 weeks.

There are limited exceptions to this timescale. Delays caused by staffing shortages, funding disputes or administrative backlogs will not necessarily excuse a failure to comply with the statutory process.

A solicitor can advise where a local authority has:

• failed to make a decision;
• missed a statutory deadline;
• refused to assess;
• refused to issue a plan; or
• issued a plan that does not properly identify or provide for the child's needs.

Choosing a School or College in an EHC Plan

Parents and eligible young people can request that a particular school, college or other institution be named in an EHC plan.

Depending on the type of institution requested, the local authority may be required to name it unless a statutory exception applies. A request may be refused where attendance would be unsuitable for the child's age, ability, aptitude or special educational needs, or where it would be incompatible with the efficient education of others or the efficient use of resources.

Disputes can arise about:

• whether a mainstream or specialist placement is required;
• whether the proposed school can meet the child's needs;
• the cost of different placements;
• residential provision;
• therapy available at the placement; and
• the distance from the child's home.

Annual Reviews of EHC Plans

A local authority must arrange for an EHC plan to be reviewed regularly, usually at least once every 12 months.

The review should consider the child or young person's progress, whether the outcomes and provision remain appropriate and whether the plan should be maintained, amended or ceased.

Following the review, the local authority must make and communicate a formal decision. The review meeting itself does not amend the EHC plan.

Parents and young people should check that professional reports are up to date and that any agreed changes are accurately reflected in the amended plan.

Appeals to the SEND Tribunal

Parents and eligible young people can appeal certain local authority decisions to the First-tier Tribunal, Special Educational Needs and Disability, commonly called the SEND Tribunal.

An appeal may be brought against decisions including:

• refusal to carry out an EHC needs assessment;
• refusal to issue an EHC plan following an assessment;
• the description of special educational needs in a plan;
• the special educational provision specified in a plan;
• the school or other institution named in a plan;
• the absence of a named placement;
• refusal to reassess needs;
• refusal to amend a plan following review or reassessment; and
• a decision to cease maintaining an EHC plan.

In most cases, a person considering a SEND appeal must obtain a mediation certificate before appealing. They do not usually have to take part in mediation. However, different requirements apply to appeals that address only the named education placement.

Strict time limits apply.

The deadline is normally calculated with reference to the date of the local authority's decision letter or the date of the mediation certificate.

Health and Social Care Recommendations

During an EHC appeal, the SEND Tribunal can also consider the health and social care sections of the plan where the appeal includes an education issue.

The Tribunal can make recommendations about health and social care provision. These recommendations are treated differently from binding orders concerning special educational needs and educational provision, but the relevant body is expected to consider and respond to them.

School Admissions

Parents can express a preference for the state school they would like their child to attend, but a preferred school may refuse admission where it is full or another lawful admissions rule applies.

If a school place is refused, the parent will normally have a right to appeal to an independent school admission appeal panel.

An admission appeal may involve:

• whether the admission arrangements were lawful;
• whether the arrangements were applied correctly;
• whether admitting another pupil would prejudice the school; and
• whether the parent's reasons for wanting the school outweigh that prejudice.

Special restrictions apply to infant class size appeals, where the grounds on which an appeal can succeed are narrower.

Admissions for a child with an EHC plan are generally dealt with through the EHC plan process rather than the ordinary school admission appeal procedure.

School Suspensions and Permanent Exclusions

A suspension prevents a pupil from attending school for a fixed period. A permanent exclusion removes the pupil from the school unless the decision is later overturned.

Only the headteacher, or the person formally acting as headteacher, can suspend or permanently exclude a pupil from a maintained school, academy or pupil referral unit.

A decision should be lawful, reasonable, fair and based on the individual circumstances. A pupil should not be informally excluded by being sent home without the proper procedure being followed.

Parents may be entitled to make representations to the governing board or academy trust.

In permanent exclusion cases and certain other cases, the governing board must meet and consider whether the pupil should be reinstated.

Independent Review Panels

If a governing board upholds a permanent exclusion, the parent may normally request an independent review panel.

The panel can:

• uphold the exclusion;
• recommend that the governing board reconsider its decision; or
• quash the decision and direct the governing board to reconsider it.

Where special educational needs may be relevant, the parent can request the appointment of a SEN expert to advise the panel.

An independent review panel does not ordinarily have the power to reinstate the pupil directly.

Exclusion and Special Educational Needs

A school should consider whether disruptive or challenging behaviour may be connected with an unidentified or inadequately supported special educational need or disability.

Where a pupil has an EHC plan, the school and local authority may need to consider an early annual review and whether the current support or placement remains suitable.

An exclusion may be unlawful if it amounts to disability discrimination or if the school has failed to make reasonable adjustments.

Disability Discrimination in Education

Schools and education providers must not unlawfully discriminate against disabled pupils, students or applicants.

Discrimination may include:

• direct discrimination;
• indirect discrimination;
• discrimination arising from disability;
• failure to make reasonable adjustments;
• harassment; and
• victimisation.

Reasonable adjustments may include changes to policies, teaching arrangements, communication methods, timetables, equipment or the physical environment.

Claims concerning disability discrimination by schools are commonly made to the SEND Tribunal. Different procedures may apply to further education colleges, universities and other education providers.

Bullying at School

Bullying can seriously affect a child's education, health and wellbeing.

Schools should have a behaviour policy and procedures for responding to bullying complaints.

Bullying itself does not always give rise to a single, separate legal claim. However, legal issues may arise where:

• the bullying is related to disability or another protected characteristic;
• the school has failed to follow its policies;
• the child is no longer receiving suitable education;
• the child's health or safety is at risk;
• the school has failed to make reasonable adjustments; or
• the response of a public authority is unlawful or irrational.

Parents should keep copies of reports, emails, meeting notes, medical evidence and details of each incident and the school's response.

School Transport

Local authorities have duties to provide free home-to-school transport for certain eligible children.

Eligibility may depend on:

• the distance between the home and school;
• whether the child can reasonably be expected to walk;
• special educational needs or disability;
• mobility difficulties;
• the safety of the walking route;
• the school identified as the nearest suitable school; and
• specific low-income eligibility rules.

A dispute may concern whether the named school is suitable, whether a parent is expected to accompany the child or whether the transport arrangements are safe and appropriate.

Local authorities should provide a review and appeal process for decisions regarding transport eligibility and arrangements.

Children Missing Education

Local authorities have duties regarding children of compulsory school age who are not receiving suitable education.

Problems may arise where a child:

• cannot attend because of illness or mental health needs;
• has been excluded;
• is waiting for a suitable school placement;
• has stopped attending because their needs are not being met;
• is receiving an unreasonably limited timetable; or
• has been removed from a school roll incorrectly.

Depending on the circumstances, the local authority may be required to arrange suitable alternative education.

Part-Time Timetables and Informal Exclusions

A part-time timetable should not be used to manage behaviour or to avoid providing suitable support.

A temporary part-time timetable may sometimes be agreed in exceptional circumstances as part of a planned reintegration. Still, it should normally have a clear purpose, regular reviews and an intended end date.

Sending a child home, asking a parent to collect them or repeatedly preventing attendance without recording a formal suspension may amount to an unlawful informal exclusion.

Further Education and Universities

Education solicitors may also advise students in further and higher education.

Disputes can concern:

• reasonable adjustments;
• disability discrimination;
• disciplinary proceedings;
• academic misconduct;
• fitness-to-practise proceedings;
• complaints and academic appeals;
• fees and student contracts;
• placement decisions; and
• exclusion from a course.

Students should usually follow the institution's internal complaints or appeal process before referring a complaint to an external body or considering court proceedings.

Complaints About a School

Many education disputes can initially be raised through the school's complaints procedure.

The appropriate procedure will depend on whether the school is:

• maintained by a local authority;
• an academy or free school;
• an independent school;
• a special school; or
• another type of education provider.

Depending on the issue and the type of school, further complaints may be made to the local authority, Department for Education, Education and Skills Funding Agency, Ofsted or another appropriate organisation.

These organisations have different powers. Some can investigate whether a proper procedure was followed but cannot overturn an academic decision or award compensation.

Complaints About a Local Authority

A complaint may be made through the local authority's complaints procedure where the authority has delayed, failed to follow a lawful process or failed to deliver an agreed service.

After the authority's procedure has been completed, it may be possible to complain to the Local Government and Social Care Ombudsman.

The Ombudsman can investigate administrative fault and injustice, but generally cannot consider issues where a suitable right of appeal to the SEND Tribunal was available.

Judicial Review

Judicial review allows the court to examine whether a school, local authority or other public body has acted lawfully.

It may be relevant where a public body has:

• failed to perform a statutory duty;
• acted outside its legal powers;
• followed an unfair procedure;
• made an irrational decision; or
• unreasonably delayed making or implementing a decision.

Judicial review is not a general appeal against the merits of a decision. It is normally used where no suitable alternative remedy is available.

Claims must be brought promptly and are subject to strict time limits. Urgent specialist advice should be obtained as soon as the disputed decision or failure becomes known.

Human Rights in Education

Education disputes can sometimes engage rights protected by the Human Rights Act 1998 and the European Convention on Human Rights.

Relevant rights may include:

• the right to education;
• respect for private and family life;
• freedom of religion and belief;
• freedom of expression; and
• protection from discrimination in the enjoyment of Convention rights.

Human rights arguments are highly dependent on the facts and do not guarantee a right to a particular school or a particular form of education.

Resolving an Education Dispute

Many problems can be resolved by communicating with the school, college or local authority and clearly identifying the support or outcome required.

Possible steps include:

• meeting the class teacher or SENCO;
• requesting copies of relevant policies and records;
• asking for a review of SEN support;
• requesting an EHC needs assessment;
• using the school or local authority complaints procedure;
• considering mediation;
• appealing to an independent panel or tribunal; or
• seeking judicial review where no adequate alternative remedy exists.

Parents should keep a written record of important events, meetings, decisions and communications.

How an Education Law Solicitor Can Help

An education solicitor may be able to:

• assess the legal merits of a dispute;
• review an EHC plan and professional evidence;
• request an EHC needs assessment;
• correspond with a school or local authority;
• advise on school admission appeals;
• challenge suspensions or permanent exclusions;
• prepare a disability discrimination claim;
• represent a parent or young person in the SEND Tribunal;
• advise on school transport disputes;
• assist with complaints and mediation; and
• bring urgent judicial review proceedings where appropriate.

Funding Education Law Advice

Legal Aid may be available for certain education law matters, depending on the type of case and the applicant's financial circumstances.

Publicly funded assistance may cover advice and preparation in qualifying cases. However, representation at a tribunal hearing is not available under all forms of Legal Aid.

Some firms offer fixed-fee initial consultations, document reviews, or assistance with particular stages of an appeal.

Parents should ask the solicitor to explain the likely costs and scope of the work at the outset.

Find an Education Law Solicitor

Education law is specialised, and appeal or court deadlines can be short. Seek advice promptly if a child or young person is not receiving appropriate support, has been refused a school place, has been excluded or is affected by an unlawful education decision.

Education law firms often advise clients nationally, so it may be helpful to search by county or extend your search beyond your immediate town.

Use Solicitors.com to find education law solicitors throughout England or submit an enquiry through our Ask a Solicitor service.

Important: This guide provides general information about education law in England. It is not legal advice. Education law and appeal procedures differ in Wales, Scotland and Northern Ireland.