Back To School: A Guide For Parents Of Children With SEN As The New Academic Year Approaches

As September 2024 approaches, many parents are preparing their children for the new school year. For parents of children with special educational needs and disabilities (SEND), this period can be particularly challenging, especially when it comes to ensuring that your child’s educational needs are met. Whether your child has an Education, Health and Care Plan (EHCP), is awaiting one, or is not returning to a traditional school setting, there are critical steps you can take to ensure they receive the support they need.

Pupils With An EHCP: Ensuring The Right Support Is In Place

For those returning to or starting school with an EHCP, it will be important for parents to ensure the School are providing the provision listed within Section F. The EHCP is a legally binding document which provides your child with a right to receive all of the special educational provision (SEP) set out within Section F of the same. If you don’t believe that your child is receiving the provision they are entitled to, there are steps you can take to hold the Local Authority accountable for this.

The steps you should take will very much depend on the circumstances of your individual case and the provision that isn’t being delivered. Sometimes these issues can be resolved by simply raising any concerns with the school, who may be able to rectify the issue fairly swiftly. Alternatively, your particular circumstances may call for further legal action to be taken by way of writing to the Local Authority prior to initiating Judicial Review proceedings.

As specialist SEN solicitors we are happy to speak with you and provide an initial consultation to discuss the specific circumstances of your case and provide a recommendation as to the next steps. If further legal action is recommended, we can also support you through this by providing expert advice and guidance, and liaising with the Local Authority on your behalf.

Pupils Without An EHCP: Advocating For The Right Support

Whilst a number of children and young people with SEN will have an EHCP to ensure that they are legally entitled to certain provisions within school, there will be many young people with SEN returning to school or starting a new school without the legal protection of an EHCP, and in this scenario it will be important for parents to be aware that schools have a duty to remove barriers to learning for pupils identified as having SEN, and putting in place a certain level of SEP.

Where your child has been identified as having SEN, schools should look to complete the Assess, Plan, Do Review cycle which involved assessing your child’s needs, planning intervention to address those needs (which may take the form of a document such as an Individual Education Plan, or IEP), putting the provision in place, and then reviewing its effectiveness.

If the interventions put in place by the school do not result in any meaningful progress, schools should then look to involve external agencies (such as Educational Psychology) to provide additional advice and guidance as to further interventions that can be put in place to support your child. If, once this advice has been followed, they are still making little or no progress, this is when requesting an assessment for an EHCP should be considered.

It is worth noting that some Local Authorities will expect schools to be able to evidence that at least one cycle of Assess, Plan, Do, Review has been completed before they will agree to complete an EHC needs assessment, and may also refuse to complete an assessment if external advice has not been sought. The legal test for an EHC needs assessment, however, does not require either of these actions to be carried out before a Local Authority can complete an EHC needs assessment. It certainly is best practice for schools to do this before an assessment request is made, however they are not statutory requirements before an EHC needs assessment is conducted.

As experts in education law, we can provide advice and guidance if your child is returning to school in September without an EHCP. We can advise as to whether an EHC needs assessment might be necessary for your child and whether this is the best next step for them, and thereafter assist you with making the request to the Local Authority. 

Pupils Not Returning To School: Exploring Alternative Educational Options

For some children with SEND, returning to a traditional school setting may not be the best option. There will also be a number of pupils not returning attending school from September as a result of the severe shortage of spaces in specialist school settings across the UK and lack of suitable alternative. In these cases, it’s important to explore and secure appropriate alternative educational arrangements.

Whether you believe that your child simply cannot return to a school setting and requires an Education Otherwise than in School or College (EOTIS, previously known as EOTAS) package, or whether you’re seeking interim provision for your child until a suitable setting is found, we can advise and guide you through the process of securing alternative educational options from your Local Authority to ensure that your child received the education they deserve and are entitled to.

Final Thoughts

As specialist SEN solicitors, we understand the complexities and challenges that parents face when navigating the education system for their children with SEND. Whether your child is returning to school with an EHCP, without one, or not returning to school at all, it’s crucial to be proactive and informed.

If you have any concerns or need advice regarding your child’s educational provision, please don’t hesitate to contact us on 0333 202 7175 or alternatively via email at education@hcbgroup.com. Our team of experienced SEN solicitors is here to support you every step of the way.