We are able to provide schools with a comprehensive suite of documents, including a SEND Policy. We can support schools with requests for EHCP assessments and challenging non-compliance with statutory timescales. We can provide training to your SENDCO and other members of staff to help you manage the consultation process with the Local Authority should you find yourself in a situation where you are being asked to take on a child where the placement would be unsuitable.
Our Education team can prepare a robust response to the consultation based on the grounds set out in the Children and Families Act and SEND Code of Practice. We regularly support schools to challenge the Local Authority consultation, including by means of appealing to the Secretary of State. We are able to assist in preparing letters to effectively challenge the Local Authority where they are seeking an unsuitable placement and to ensure that it is robustly based on one of the appropriate legal grounds. In recent years, we have found both mainstream and special schools that are being named in EHCPs despite being unsuitable settings and we are able to support all schools in this regard (including independent special schools and s41 approved schools).
We realise how stressful it can be for staff when you face a disability discrimination claim. We are able to support schools if you receive a disability discrimination claim either in relation to the admittance of a child to your school or in relation to the education being provided and, for example, any sanction or exclusion. Our team will assist you before the First Tier SEND Tribunal, including with preparing witness statements. In addition, we can support schools to seek increased fundings for placements.
If a child has an EHCP but the special education provision has not been put in place and is being challenged by means of judicial review, we are able to support local authorities in defending these challenges.