This article discusses issues that schools should be aware of when dealing with allegations of...
- Basildon 01268244144
- Chelmsford 01245453800
- Colchester 01206217300
- London 020 4586 1280
Search site
Call our office
Make an enquiry
Our people
Search our people
The education law solicitors at Birkett Long believe that young persons and parents of children with special education needs (SEN) should expect certain legal assistance relating to EHC plans on a fixed fee basis. This gives individuals and families access to the legal advice and support they need.
We offer three fixed fee services, including an EHC plan “health check”. Each of our services offers you expert personal advice on a draft or final EHC plan. Please note all fees are exclusive of VAT. If you would like to benefit from any of our fixed fee services below, please contact Thomas Emmett, Head of Education, on 01245 453847 or email thomas.emmett@birkettlong.co.uk
You will receive an EHC plan and evidence review report and a meeting with a specialist SEND solicitor for one hour to discuss the EHC plan, evidence and the options available to challenge the LA (if required).
An education law solicitor specialising in special education needs and disability law will:
You will receive an EHC plan health check report and a meeting with a specialist SEND solicitor for one hour to discuss the EHC plan and the options available to challenge the LA (if required).
An education law solicitor specialising in special education needs and disability law will:
An EHC plan specifies a person’s:
The SEND Code of Practice and regulation 12 of the Special Educational Needs and Disability Regulations 2014 (SEND Regulations) both state that an EHC plan should have separate sections identified as follows:
Sections B, F and I of an EHC plan
As above, a child or young person’s special educational needs are recorded in Section B of an EHC plan, whereas the special educational provision required to meet those needs should be stated in Section F. The School or other educational institution deemed appropriate for the child or young person to attend is named in Section I.
Sections B and F replace parts 2 and 3 of SEN Statements. The courts likened part 2 to a medical diagnosis and part 3 to a prescription. The same analysis and description applies to Section B and Section F. Local authorities are under a duty to identify or diagnose need before going on to prescribe the education provision to which that need gives rise. Only once need and provision have been established, can the educational institution or type of institution which is appropriate to provide the provision be named.
Section 21 of the Children and Families Act 2014 states that “Health care provision or social care provision which educates or trains a child or young person is to be treated as special education provision (instead of health care provision or social care provision).”
The SENDIST Upper Tribunal has made clear that if provision “educates or trains”, it is educational even if it is also health or social care.
The health or social care provision must “educate or train”, it is not enough for the particular provision to be essential to enable the child to be educated for it to be placed in Section F.
If you require assistance with an EHC plan , please contact Thomas Emmett, Head of Education, on 01245 453847 or email thomas.emmett@birkettlong.co.uk.