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Education Law

Expert Education Law advice courtesy of the dedicated team of nationally respected specialist lawyers at HCB.

  • Comprehensive advice on all aspects of education law
  • Proven expertise in special educational needs and higher education law

Education Law

Expert Education Law advice courtesy of the dedicated team of nationally respected specialist lawyers at HCB.

  • Comprehensive advice on all aspects of education law
  • Proven expertise in special educational needs and higher education law

Special Educational Needs in Pembrokeshire

Our special education needs (SEN) solicitors have helped many parents and young people in Pembrokeshire and have experience of working across the country.

We have provided expert education law advice in Pembrokeshire to secure special educational needs support for several children, young people and families. The specialist education law solicitors have dealt with Pembrokeshire County Council on numerous matters. This can involve an appeal to the Special Educational Needs Tribunal for Wales.

What are Special Educational Needs in Pembrokeshire?

Special educational needs are any difficulty a child or young person has in accessing education. Special educational needs (SEN) affect how a person learns. The needs can affect everything from:

  • physical ability
  • concentration levels
  • ability to understand
  • hearing and/or visual impairment
  • behaviour
  • reading
  • writing
  • social skills.

If a child or young person has difficulties in accessing school, education, or facilities at school and requires support beyond that typically made for young people of the same age, they likely have special educational needs.

If you are not sure whether your child or young person has special educational needs, you should seek specific legal advice.

Pembrokeshire SEN teams operate under their own policies, but also must comply with the Education Law 1996 and the SEN Code of Practice for Wales. Whilst the law can be complicated, in our experience the policies can overly simplify the law and confuse quite complex rules. This can result in poor decision making. That is often why parents in Pembrokeshire seek special educational needs advice from us.

If the special educational needs team in Pembrokeshire relies on policies exclusively, rather than the law, this can lead to difficulties. We have extensive experience of providing special educational needs advice in Pembrokeshire. We have helped several families successfully appeal to SENTW against decisions taken by Pembrokeshire County Council SEN team.

Pembrokeshire’s SEN policies and guidance can be found here.

We would always advise parents to make sure that they focus on the Special Educational Needs Code of Practice and current legislation, rather than Pembrokeshire County Council’s SEN policies only. The SEN Code of Practice can be found here.

What is SEN Support in Pembrokeshire?

Normally, school will identify that a child or young person has special educational needs. When this happens, the class teacher and Additional Learning Needs Coordinator (ALNCo), will plan additional support.

If the school does not identify a pupil with special educational needs, it may be necessary to seek a statutory assessment of their special educational needs from Pembrokeshire County Council.

If the child or young person needs more support than the school can provide, a Statement of SEN may be needed. The school should discuss with the child, young person and their parents / guardian requesting an assessment. It is very important to note that there is no requirement to try the graduated response of School Action or School Action Plus before seeking a statutory  assessment or a Statement of SEN.

How can I get a Statement in Pembrokeshire?

The guidance for securing a statutory assessment and Statement of Special Educational Needs in Pembrokeshire can be found here.

This can be a helpful guide to know how to qualify for a Statement of SEN in Pembrokeshire. However, it is important to know that the local authority must comply with legal duties, as well as operating its own policies.

Before a Statement of SEN can be issued, the local authority must make a statutory assessment.

At the conclusion of the assessment, Pembrokeshire County Council will decide whether an Statement of SEN is necessary.

The term “necessary” has been the focus of much litigation. It means that the Local Authority must consider the subjective needs of the child or young person, the special educational provision that they need and whether it is reasonably likely that a mainstream school can deliver that support.

If the local authority refuses to make and maintain a Statement to cater for the child’s additional learning needs, you can appeal to the Special Educational Needs Tribunal for Wales.

Where can I find SEN legal advice in Pembrokeshire?

Our special education needs solicitors provide advice in Pembrokeshire. To contact our specialist education lawyers, please call 02920 291 704 or email education@hcbgroup.com

We have helped in the following ways:

  • securing a statutory assessment in Pembrokeshire
  • Successful appeals to Tribunal against Pembrokeshire’s refusal to make and maintain a Statement of SEN
  • Successful appeals to Tribunal against Pembrokeshire’s refusal to conduct a statutory assessment
  • Successfully appealing to Tribunal against Pembrokeshire for additional support
  • Successfully appealing to Tribunal against Pembrokeshire for specialist school places

 

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