Find a Court of Protection panel member with SEN applications & appeals expertise
It is not unusual for a child who has sustained a brain injury to require additional help throughout their education, which is provided via a programme of support called SEN support. Children with special education needs and disabilities (SEND) should expect to receive funding which will be used by their school to provide additional support.
As long as a young person remains in education or training, they can expect to receive SEN support until they reach the age of 25.
If you have concerns that your child has special education needs which are not being catered for, our specialist solicitors can provide advice as to whether your child meets the legal definition of ‘special educational need and disability’. If they do, they can assist you to liaise with the nursery, school or college to ensure the correct support is put in place or to request an Education, Health and Care (‘EHC’) assessment from your Local Authority.
An EHC assessment will only be carried out if the Local Authority believes that the legal test is met and it is important to present the correct evidence to the Local Authority to support the request for an assessment.
The Local Authority has the right to refuse to carry out such an assessment, in which case you will have the right to appeal to the Special Educational Needs and Disability Tribunal (SENDIST). However before starting an appeal, mediation must be considered as an alternative
Our specialist solicitors can assist from your initial request for an EHC, through mediation, to an appeal to SENDIST.
More information regarding education can be found on our brain injury and education page