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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

Special Educational Needs help in Yorkshire

Our specialist education law solicitors have experience of working across the country. We have helped many parents and young people in Yorkshire. We have provided expert education law advice in Yorkshire to secure special educational needs support for several children, young people and families.

What are Special Educational Needs in Yorkshire?

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:

  • Reading , writing or number work
  • Expressing themselves or understanding information
  • Making friends or relating to adults
  • Behaviour
  • Personal organisation
  • Tasks or activities which depend on sensory or physical skills

In England, special educational needs are defined by the Children and Families Act 2014.

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.

Yorkshire SEN teams operate under their own policies, but also must comply with the Children and Families Act 2014 and the SEND Code of Practice 2015. 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 Yorkshire seek special educational needs advice from us.

We would always advise parents to make sure that they focus on the Special Educational needs Code of Practice, rather than Yorkshire’s SEN policies only. The SEN Code of Practice can be found here:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/398815/SEND_Code_of_Practice_January_2015.pdf

What is SEN Support in Yorkshire?

Yorkshire’s special educational needs team has prepared a Local Offer. The Local Offer explains what support is available for special educational needs in Yorkshire. The Local Offer for both North Yorkshire and East Riding can be found here:

https://www.northyorks.gov.uk/send-local-offer

http://www.eastridinglocaloffer.org.uk/

Normally, school will identify that a child or young person has special educational needs. When this happens, the class teacher and Special Educational Needs Coordinator (SENCo), will plan additional support. This follows a cycle called “Assess, Plan, Do, Review”.

If the school does not identify a pupil with special educational needs, it may be necessary to seek an EHC needs assessment of their special educational needs from the local authority.

The child, young person and their parents / guardian should be involved in discussions with the school about planning support for special educational needs. It is important to be aware that schools receive a specific amount of money – often called a Delegated Budget – to support children and young people with special educational needs. As the Delegated Budget is finite, this can often limit the amount of support that can be available unless the local authority makes an Education Health and Care Plan (EHCP)

If the child or young person needs more support than the school can provide, an Education Health and Care Plan (EHCP) may be needed. The school should discuss with the child, young person and their parents / guardian requesting an EHC needs assessment. It is very important to note that there is no requirement to try to cycle of Assess, Plan, Do, Review before seeking an EHC needs assessment or an Education Health and Care Plan.

An education health and care plan (EHCP) is a single, legal document which brings together a child or young person's education, health and social care needs.

The child or young person must have special educational needs to be eligible for a plan. It is not necessary to have a diagnosed condition for a needs assessment to be considered.

How can I get an EHCP in Yorkshire?

Before an EHCP can be issued, the local authority must make an EHC needs assessment.

The guidance for securing an EHC needs assessment and EHCP in North Yorkshire East Riding can be found here:

https://www.northyorks.gov.uk/all-about-education-health-and-care-plans-and-requesting-assessment

http://www.eastridinglocaloffer.org.uk/education/education-health-and-care-plans/

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

At the conclusion of the EHC needs assessment, the local authority will decide whether an EHCP 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 an EHCP, you can appeal to the Special Educational Needs and Disability Tribunal.

Where can I find SEN legal advice in Yorkshire?

Our special education needs solicitors provide advice in Yorkshire. To contact our specialist education lawyers, please call 02920 291 704.

 

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