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News and Events

National Trial to Continue

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 following the end of the national trial.

Prior to the national trial, it was only possible to lodge an Appeal in relation to a child’s needs, provision and parental preference, aka sections B, F and I.

However, in April 2018 a trail period began whereby the Special Educational Needs and Disability Tribunal were given extended powers to hear Appeals against section C, D G and H. These sections of an EHCP relate to the health and social care needs and provisions of the child. The Tribunal were able make non-binding recommendations provided that the health needs and provisions were linked to the child’s educational needs.

Initially the powers awarded to the Tribunal were set to come to an end in August 2021, however last month confirmation was given that the additional powers given to the tribunal would continue indefinitely. This decision will bring about monumental changes to Special Educational Law.

Although the recommendations that the Tribunal makes regarding the social and health needs and provisions are not legally binding, we have found in practice that The Local Authority tends to implement the Tribunals recommendations. As such it is more important than ever that parents and guardians seek the advice of Specialist Educational Law Solicitors in order to secure the Educational, Health and social provision that their special needs child requires to progress.

At HCB, we believe that parents should not have to fight to give their child the basic resources they need to succeed. However if you have to fight, you will want to ensure that you instruct a specialist to provide you with the bespoke legal service and quality legal representation you will need to win.

As specialist educational law advocates we have years of experience fighting for the rights of children. As such we can provide you with the support and expertise you need to deliver justice for you and your family.

Contact our Education Law Team: 

Tel: 0333 202 7175