Special Educational Needs (SEN) and Disability Discrimination

In July 2016, The Department of Education declared that there were 1,228,785 in the UK who had special educational needs and 236,805 of which had an Education Health Care Plan (EHCP) or statement of special education needs (which must be replaced by EHCP’s by March, 2018) This is an increase of 640 from the previous year.

Further, in the same year, the Papworth Trust found that 7% of children were disabled (0.9 million), meaning their impairments complied with the definition of disability in the Equality Act 2010.

Despite the legal framework that provides “support” and “protection” disabled children often achieve poorer outcomes when compared to their unimpaired peers.

Sean and Mandy have anecdotally heard that those who have encountered the SEN legal framework, have found it complex, unwieldy and are left floundering, unable to navigate their way through it. At Talem Law, we are able offer services to parents of children and young people with SEN and disabilities; young persons with special educational needs; Local Authorities; Free Schools; Academies and Independent schools. Below are some of the services we offer:-

I would like to thank Sean Kennedy for all his advice and assistance for taking on our daughter’s SEND Tribunal case in its entirety.
Without his genuine support and guidance I do not think I would have been able to go through with it as it is not just about the day of the tribunal hearing but about collating all the evidence to ensure we had a strong case and asking all the pertinent questions.


I was thoroughly impressed with the professionalism of his work and the care taken at every stage to not only write, but also follow up with a call to check I had understood everything. What was even more comforting was that no matter what question I had he was on the end of a phone or email to answer at all times. It just showed me we were not just a case but there was a passion to do right by children with disability to ensure they get the correct support in school. 


In addition, I have always thought that he had an understanding at a personal level and has been genuinely supportive throughout.
I would definitely recommend ….

Mrs Parveen Mahal, Ilford

 

Advisory

  • Advising on process and drafting in relation to Educational Health and Care Plans (“EHCP’s”).
  • Advising on disability discrimination issues, including in relation to school exclusions.
  • Advising on issues relating to failure to provide special educational provision.
  • Advising on the law surrounding the type of school it is proposed a child with special educational needs should attend.
  • Advising on the relationship between special educational provision and social care and medical provision in relation to a child with an EHCP.

Contentious

  • Advising parents, local authorities and young persons on the merits of appeals in relation to the contents of an EHCP made to the First-tier Tribunal (Special Educational Needs and Disability).
  • Advising parents, schools and young persons in relation to the merits of claims of disability discrimination made to the First-tier Tribunal (Special Educational Needs and Disability).
  • Conducting without prejudice conversations on behalf of parents, young persons or local authorities.
  • On behalf of either applicant or respondent, preparing for each step in the case from drafting and submitting a claim or appeal or responses; disclosure and agreeing a bundle; drafting witness statements; instructing experts; making applications and representation at Tribunal.
  • Advising potential appellants on grounds of appeal and conducting appeals in the Appeal to the Upper Tribunal (Administrative Appeals Chamber) and beyond.