The Government have recently released figures concerning the number of children who are now electively home educated as of the autumn term 2024/2025. Local authorities report that 111,700 children are in elective home education. This is an increase from an...
Transitioning to the next key stage of education is a daunting time for any child or their parents. However, for those children or young people with special educational needs and an Education, Health and Care Plan (EHCP), this big step into the next phase of...
In light of the current wait times for a matter to proceed to a Hearing within the Tribunal, the Tribunal Procedure Committee have recently submitted a proposal to amend Rule 23 of the Tribunal Procedure (First-tier Tribunal) (Health Education and Social...
Contrary to myths in the special educational needs world and much misinformation rife amongst Local Authorities, there are strict deadlines governing the process of an Annual Review. If a Child or Young Person has the benefit of an EHCP, the...
HCB to Host A Free Question and Answer Session Regarding the Special Educational Needs System in England for Parents On 11 November 2024, between 7.30pm and 9pm Holly Blacklaws and Mark Glen of HCB Widdows Mason are teaming up with Chris Wade of Wade...
Recent reports have highlighted alarming failures in the Education, Health and Care Plan (EHCP) process, which have contributed to tragic outcomes for children with special educational needs and disabilities (SEND). A recent inquest in to the tragic death of...
As parents, you want the best for your child’s education, and sometimes decisions made a public body may seem unfair or contrary to your child’s needs. Whether it’s about school placements, support for special educational needs (SEN), or...
When the school is not the right fit; Navigating challenges for children with Special Educational Needs and associated Learning Difficulties Every child deserves an education that not only meets their unique needs but aids them to thrive within the...
What is Section 41 of the Children and Families Act 2014? Section 41 of the Children and Families Act (S41 CFA) 2014 is a key piece of SEN law. It provides the Secretary of State for Education with authority to approve independent special and special...
Hundreds of Children and Young People with Special Educational Needs are Missing from Education You may have seen the news Children’s Commissioner, Dame Rachel de Souza, has commissioned a report looking at the number of children who are out of or...
B uckinghamshire County Council Informally Notifies Parent Forum it Will No Longer Provide Top-Up Funding for Pupils without an EHC Plan A Buckinghamshire parents’ forum has advised they have been informally notified by Buckinghamshire Council it...
Research brief.pdf (senedd.wales) A recent research brief published by the Senedd Cymru has highlighted the unforeseen consequences that have arisen due to the implementation of the Additional Learning Needs (ALN) Code for Wales 2021, which is currently...
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...
On 15th August 2024, students across the country who have taken A-Level examinations will be receiving their results. It will be a stressful day for many, especially because University offers for admission are often conditional upon receiving certain...
Following our article last month regarding the proposed removal of VAT exemption for private schools and the subsequent success of Sir Keir Starmer’s Labour party at the latest general election, the government has now published a technical consultation...
As the school year comes to an end, Department of Education latest figures report record numbers of school suspensions and exclusions in England for the academic year 2022/23. Persistent disruptive behaviour was the most commonly reported reason, accounting...
According to the UK Government website, in the academic year 2022/23, the Tribunal Service recorded 14,000 registered special educational needs appeals, highlighting the increasing number of appeals lodged with the SEND Tribunal, which has gone up by a...
The County Councils Network (CCN) and the Local Government Association (LGA) recently commissioned a 166-page report exploring the need for fundamental reform of the SEND system in England; ‘Towards an effective and financially sustainable approach to...
The Children and Families Act 2014 (CFA 2014) is fundamental in governing Special Educational Needs (SEN) law in England. Some aspects of the CFA 2014 are widely known, for example the sections relating to EHCP’s. However, a lesser known, but still...
If your Child has Special Educational Needs, you may have made a request to your Local Authority for an Education, Health and Care Needs Assessment (EHCNA) or, you may already be in receipt of an Education, Health and Care Plan (EHCP) which provides Special...
Each Local Authority has a legal duty to provide suitable education to all children of compulsory school age who are not able to access school.
As most will be aware by now, the UK will be heading to the polls on the 4th of July to vote in a general election, which many predict will see Sir Keir Starmer’s Labour party replace the Conservative party in Government. Labour’s proposal...
Councils in England forecast a shortfall of almost £1bn in school funding for supporting children with special needs: - A recent BBC Report into local authorities’ budgetary shortfall for supporting children with special needs has cast light on...
Parents, advocates and lawyers have co-produced a guidance document – which can be downloaded here – for families to use when deciding if they need a representative, what type of representative they need and who specifically to use. The...
Sunday 31st March 2024 was the final date for Local Authorities to fulfil their statutory duties in finalising all Education Health Care Plans (EHCP’s) for young people with special educational needs and disabilities who plan to transition to Post-16...
The phase transfer deadline for Local Authorities is fast approaching. This means that, if your child has an EHCP and is due to transfer to another phase of education in September 2024, your Local Authority should finalise their decision in respect of your...
The government’s annual SEND statistics for 2022/23 have recently been released, revealing overwhelming figures and somewhat alarming results. The statistics can be accessed directly here . As a starting point, in the 2022/23 academic year, 14,000...
Parents may have seen the recently released campaign from the Government targeting children’s attendance at school. This is further to the announcement that school non-attendance is now a key concern for the Government following the news that there are...
It has recently been revealed that the government has signed a contract targeting 20% cuts to the number of new Education, Health and Care Plans (“EHCPs”) being issued for children and young people with special educational needs and disabilities...
A REFUSAL TO ATTEND SCHOOL – WHAT DOES THIS MEAN FOR CHILDREN WITH SPECIAL EDUCATIONAL NEEDS AND DISABILITIES The Guardian recently published an article titled “Children are holding a mirror up to us’: why are England’s kids...
What does Birmingham’s declaration of financial distress mean for its vulnerable children and Young People? Today, Birmingham City Council has declared itself effectively bankrupt and issued a Section 114 notice which prevents all but essential...
Today on GCSE results day, thousands of students across the country anxiously await their exam results. Understandably, this is a nerve-wracking and emotional time for both students and their families. If your results are not as expected – do not...
Alarmingly, a recent study by The House Magazine highlights that in 2022, children in the UK waited an average of 16 months for an ADHD or autism screening. The longest average wait in the UK was reported in Belfast, with children waiting 5 years for just an...
The latest annual statistics regarding Special Educational Needs and Education, Health and Care plans (“EHCPs”) have recently been released by the Government. It is no surprise that the total number of children and young people with EHCPs has...
The Special Educational Needs and Disability Tribunal has substantially amended the directions that they provide at the outset of an appeal, for the first time in recent memory. This substantial change to the appeal process is likely to have a significant...
31 March EHCP deadline for transition to Post-16 placements in September 2023 – We answer frequently asked questions on this deadline, process and appeals. What is the 31 March deadline? Local Authorities must issue Final Amended EHCPs...
1st March is National Offer day for secondary school placements for September 2023 (Year 7). We answer frequently asked questions on this deadline, process and appeals. What is the 01 March deadline? If your child is due to start secondary...
We answer frequently asked questions on this deadline, process and appeals. What is the 15 February deadline? Local Authorities must issue Final Amended EHCPs for children who are due to transition to a secondary school placement in September...
If your child has an Education, Health and Care Plan (‘EHCP’) and will be transferring between phases of education in September 2023, you may be aware that the phase transfer deadline is fast approaching. The statutory deadline for Local...
The University and College Union (“UCU”) has announced that university staff will strike on the 24th, 25th and 30th November 2022 over pay, pensions and working conditions. The strikes will take place at 150 universities across the UK, with an...
As a parent, you can express a preference about which school your child attends. The Local Authority must comply with that preference, unless certain exemptions apply. If you are not happy with the decision made by the admissions authority, you can then look...
As higher education specialists, we have helped many PhD students deal with a variety of issues that they face on the many years that they spend on their PhD. Whether this is issues with supervision, with intellectual property rights or disputes over...
Offensive videos of teachers and pupils are now circulating social media platforms such as TikTok, and subsequently, we are seeing an increasing number of both fixed term and permanent exclusions as a result. This is now a widely reported issue, becoming...
As A-Level results day 2022 draws closer, thousands of students across the country anxiously await their exam results. Understandably, this is a nerve-wracking and emotional time for both students and their families. If your A-Level results are not as...
Our specialist education lawyers receive regular enquiries from parents who wish to challenge the decision of a school to permanently exclude their child. Our solicitors appreciate the concerns that parents have regarding the effect of an exclusion, whether...
How have Special Educational Statistics Changed in England in the Academic Year 2021/2022? The Government have recently released the latest annual statistics regarding Pupils in England with Special Educational Needs and Education Health and Care Plans....
The Department for Education has published its most recent statistical data regarding Education, Health and Care Plans (EHCPs), for 2021. We've summarised below some of the key findings: EHCPs The number of children and young people with EHCPs ...
Earlier this week, the Office of the Independent Adjudicator (“OIA”) announced in their annual report that complaints they had received from students in England and Wales about their university courses had reached an all-time high, with over a...
- Challenging your child’s school place The impact that a child’s school can have on their education cannot be understated. The right school, the right teacher and the right environment can make all the difference in allowing your child to...
The Down Syndrome Bill was introduced in Parliament as a Private Member’s Bill. It has now completed its parliamentary passage and is due to receive Royal Assent soon, but what does this all mean? A Bill is draft legislation that only becomes law if...
On 29 March 2022, the Government published a Green Paper entitled “SEND Review; Right Support, Right Place, Right Time”. This article will be sent, in full, to the Department for Education via the consultation email address. We have...
We answer frequently asked questions on this deadline, process and appeals. What is the 31 March deadline? Local Authorities must issue Final Amended EHCPs for children who are due to transition to a Post-16 placement in September 2022, by 31...
31st March – a key date for young people with EHCPs who are due to transition to post 16 placements in September 2022 The 31st March is the statutory deadline by which time a young person should have received their final amended Education, Health...
LONG AWAITED JUDGEMENT PROVIDES CLARITY REGARDING ANNUAL REVIEW TIMESCALES FOR LOCAL AUTHORITIES R (L, M AND P) V DEVON CITY COUNCIL [2022] EWHC 493 (Admin) This landmark decision provides welcome confirmation of the timescale that each local authority...
The transition from primary to secondary school should be an exciting opportunity for children and their parents. However, for those who have been refused their chosen school it can instead be a stressful experience. Fortunately, there is a procedure in...
Your time in university should hopefully be a rewarding and fulfilling experience which lets you develop the skills you need for later in life. However, there are many examples of things that can go wrong. You could face issues with the faculty, the course...
A recent article published by the BBC suggests Support for pupils who have special needs is "beyond crisis". https://www.bbc.co.uk/news/education-58474416 The article details how a resounding 97% of those who took part in a survey...
Results day, mitigating circumstances and appealing grades. As the classes of 2021 gets ready for their results to be issued, this has been a trying and stressful time for students and their parents. The uncertainty and doubt surrounding this process is...
Recently the Department of Education confirmed that the extended powers given to the Special Educational Needs Tribunal to make non-binding recommendations regarding the health and social care aspects of an Education health and care plan would continue...
If you are a university student involved in a professional course, you’ve likely been told about fitness to practise. Most professional bodies (like the GMC and the HCPC) make fitness to practise a requirement for anyone looking to register to...
As the official website for the OIA states, 1,967 complaints were made to the OIA by students in 2018. However, only 4% of these complaints were declared ‘justified’. The complaints procedure adopted by the OIA is a relatively clear process; so...
London Borough of Redbridge v H O (SEN): [2020] UKUT 323 (AAC) Specification within an EHCP - “When enough is enough” This recent appeal was brought by the Local Authority in respect of the level of specificity to be included within an...
Following the respect announcements of a third lockdown for both Wales and England, and the subsequent announcement that schools would be closed to most pupils, the Governments have issued amended legislation and updated guidance as to how this will affect...
Our Specialist Education Lawyers receive calls on a regular basis from parents following a decision by a school to permanently exclude their child. Our expert education solicitors appreciate the concerns that parents have regarding the effect that the...
GCSE AND A LEVEL RESULTS: HOW CAN I APPEAL MY RESULTS? The collection of A-Level results and GCSE results are usually a difficult, emotional and trying time for any student. However, this year, students have been collecting their A-level results for exams...
The coronavirus pandemic has affected all aspects of our day-to-day lives and this has particularly affected university students. The effect spans out to prospective students, current students and those students who are due to graduate this...
There are many current and prospective students across the UK who will have a variety of questions regarding tuition fees and student finance following the outbreak of COVID-19. Our university solicitors have considered the current position,...
The coronavirus (COVID-19) has resulted in a state of lockdown throughout the world; which applies to universities throughout the UK. The pandemic has had a significant impact on every aspect of our day-to-day lives. Our university solicitors appreciate that...
We are now nearly three weeks into the Government’s lockdown measures due to the Coronavirus and we have all had to adjust our lives significantly. The education landscape has changed dramatically in that time with school closures across the...
It has been announced today that the Government will be introducing a Corona Virus Bill. The Bill is designed to ease the burden on front line staff and make amendments to the education arrangements currently in place in England and Wales. This Bill, if...
The Prime Minister, Boris Johnson, has officially announced that schools across the United Kingdom are to close indefinitely in an effort to curb the increasing spread of coronavirus. The decision came hours after Wales announced their own blanket school...
The Prime Minster has confirmed that examinations in May and June will not be taking place due to school closures following COVID-19. Mr Johnson claims that assurances will be given to make sure that students get the qualifications they need. Students have...
In 2014, Parliament legislated with the intention of transforming the educational experiences of children and young people with special educational needs and disabilities. The Children and Families Bill sought to place young people at the heart of...
A recent article published by The Independent states that children in prison are twice as like to have special needs. Data from the Ministry of Justice reveals 30 per cent of children who entered custody over 2018-19 were assessed as having special...
It has often been reported within the media that children and young people with Special Educational Needs are at significantly greater risk of facing exclusion if they Special Educational Needs. A case was brought to the Special Educational Needs Tribunal,...
Since 2012, once rated outstanding, English schools have been exempt form routine inspections to free them from external intervention. However, the Department of Education has recently announced the reintroduction of inspections of top-rated schools to...
Students spend significant sums of money time and effort studying at University. As such, seeking assistance from a university solicitor is integral to raising a valid complaint and increasing your chance of a successful outcome. Record numbers...
Our expert higher education lawyers are often asked to advise students who wish to appeal a decision made by a University Many students have recently been advised whether they have obtained a successful placement at their university of...
A recent article published by the BBC suggests that families in affluent areas of England are more likely to succeed in getting a school place on appeal. But why is this case? https://www.bbc.co.uk/news/education-47881893 The article discusses a...
Thousands of individuals who are classed as ‘severely mentally impaired’ may be entitled to a council tax discount AND a refund of overpaid council tax fees. There has been a distinct lack of guidance from councils across England and...
The number of Unregistered Schools continues to increase and a recent article published by the BBC confirms that Local Authority’s are now contributing thousands of pounds a year to such provisions. The information published within the...
A recent news article on Devon online discusses the how Devon County Council is failing children with Special Educational Needs. The article is based on an inspection report carried out by Ofsted and the Care Quality Commission which highlighted that too...
We have recently acted for a school that was forced to bring a Judicial Review of its own local authority, Medway. This case was brought by the school purely because it had clear, evidenced, concerns that it was not able to support a young person’s...
A recent article published by the BBC calls attention to the significant delays that families who require SEN support face. With an increase in applications for Education, Health and Care Plans (EHCP’s), families are far too often facing unnecessary...
The Special Educational Needs Tribunal for Wales (SENTW) recently held a User Group Meeting to summarise the challenges they have faced in the past year 2017/2018 and to also provide all individuals involved in the Tribunal process with an opportunity to...
HCB's Head of Education Law, Andrew Barrowclough, gives his views on the state of the current SEN system in England. HCB Solicitors, in Cardiff, is one of the UK’s leading education lawyers who fields hundreds of inquiries from parents lost in...
Report finds substantial increase in child mental health referrals – where do we go from here? As Education law solicitors we work with many parents who have experienced significant delays with obtaining support for their children who are suffering...
We have recently been sent, anonymously, a letter from Nottinghamshire County Council which seems to set out a blanket policy for pupils in year 14. To clarify, this seems to directly impact upon all pupils in independent and non-maintained special...
The Times have addressed this issue in their recent article which brings attention to the concerns surrounding academic misconduct tribunals. A shortage of qualified staff has unfortunately resulted in a decline in the quality of tribunal panel members and...
In recent times, mental health awareness has become a topic discussed and debated in the mainstream media and is applicable more than ever in relation to young people throughout England and Wales who have special educational needs. It is often the case that...
Can your Local Authority lawfully extend the 20 week statutory timescale to finalise an EHCP? We have had several calls from parents over the last couple of weeks asking for clarification as to whether their Local Authority can extend the 20 week...
The specialist Education team at HCB Solicitors have received a sharp rise in calls this year from parents regarding fixed and permanent exclusions. Approximately 9 times out of 10 the excluded child has a special educational need, which has not been met...
A Change to Local Authority Complaints Procedures is Required Throughout years of specialising in Education Law, it has been common for the majority of clients we act for to raise grievances and formal complaints with their Authority for a host of reasons;...
Andrew Barrowclough , Head of Education Law at HCB was recently invited by LexisNexis® to comment on proposed changes to University Fees for an article. He comments as follows: Andrew Barrowclough, echoes concerns that the rise in tuition fees...
The Upper Tribunal has released judgment in the matter of B-M and B-M v Oxfordshire County Council [2018] UKUT35 (AAC) . This decision relates to the question of whether or not an Education Health and Care Plan (EHCP) needs to contain a high...
As part of its goal to reform the education system, the government has recently announced that it will be offering state and independent boarding school placements to children with links to the social care system. The move sees the creation of the new, ...
As Education law solicitors, we have seen an increase in the number of enquiries from parents who have been notified that their child has been, or will be excluded from school. Child exclusions are a serious concern for parents and alarmingly, the most...
In line with our earlier blog about the Welsh Assembly beginning to listen to the concerns about Special Educational needs reform ( here ). The Additional Learning Needs and Educational Tribunal (Wales) Bill was approved by Assembly Members on Tuesday, 12 th...
The Department for Education (DfE) has announced a further £45 million for SEND services The package of support worth nearly £45 million is to provide additional help for children with special educational needs (SEN) and disabilities....
A recent article published by the BBC entitled “Horrendous Meltdown: Why I home-educate my daughter” highlights how a lack of school support has led to an increase in the number of children with learning difficulties being home schooled. The...
