Special Educational Needs & Disability (SEND)

St Pauls Chambers has significant expertise in all types of proceedings relating to children and young people with special educational needs and disabilities, including special education law.

Special Education Law at St Pauls Chambers

Special Educational Needs (SEN) can bring a number of challenges to those living with them. We understand how stressful it can be for individuals with SEN or individuals caring for those with SEN to begin legal proceedings connected to their needs. So, our SEN barristers are here to lighten the load on SEN law and achieve the best possible outcome for a child’s well-being and education.

What Does SEN Mean?

SEN, or special educational needs, refers to a child or young adult’s needs with a learning difficulty or disability such that special educational provision needs to be provided. Some examples of SEN include:

• Autism, including Asperger’s Syndrome
• Attention Deficit (Hyperactivity) Disorder (ADHD/ADD)
• Cerebral Palsy
• Down’s Syndrome
• Dyslexia
• Dyspraxia
• Cystic Fibrosis

What is SEN Code practice in SEN Law?

Understanding SEN law is vital to ensure that individuals with special education needs, especially children and young people, are properly protected.

The SEN and Disability Code of Practice (SEND code of practice: 0 to 25 years) provides a statutory legal framework for educational support for those with educational needs and disabilities to prevent disability discrimination. According to SEN law, all publicly funded pre-schools, nurseries, state schools and local authorities must help assess children with special educational needs. You can find out more about changes in special educational needs and disability law in our blog.

We represent local authorities and parents in SEN law cases brought under the Equality Act 2010 and Education, Health and Care (EHC) Plan appeals brought pursuant to section 51 of the Children and Families Act 2014, such as:

• Appeals against the contents of Sections B, F and I of an EHC Plan (the description of a child’s needs, provision to meet the needs and the school named in the Plan).
• Appeals against a refusal to issue an EHC Plan.
• Appeals against a decision to cease a Plan.
• Disability discrimination cases.

You can find more information about the EHCP appeal process here.

We routinely act in cases affecting young people who transition from Children’s Services to Adult Services. We also have particular expertise in post-19 cases involving assessments under the Care Act 2014 and associated Court of Protection proceedings. There is significant crossover in this area with Court of Protection cases, with which St Pauls Chambers also have considerable experience.

What Does a Special Education Lawyer Do?

Our SEN barristers accept a broad range of instructions on matters relating to SEN law and family law cases, providing full representation to local authorities and parents across the country in appeals before the First-Tier Tribunal (SEND), the Upper Tribunal and the Court of Protection. Or, our SEN lawyers can offer advice on specific matters related to special education law. Please get in touch with our Education Law team for assistance with:

• Judicial reviews
• Disability discrimination
• EHCP disputes
• Unfair treatment at educational institutions, including colleges and universities
• Admissions and exclusions appeals
• Mediations

Our SEN barristers are recognised experts in special education law cases. Get in touch to find out how we can help with your case.