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Litigation

Education Law & Disputes

A specialist team of education law solicitors

All parents want their children to have a good education. Unfortunately, things arise which puts that at risk. Monarch’s specialist education law solicitors can give you the support you need to ensure your child gets the best start in life.

Our solicitors can give advice, support and representation on many different education disputes, including:

Special Educational Needs (SEN)

Special Educational Needs is a term which covers children who have learning difficulties or disabilities which mean they have a greater difficulty in learning than children of the same age.

It is vital, to ensure that these children have the best education, that they have access to the appropriate support at school. However, this is not always guaranteed.

If the parent’s attempt at resolving the issue are unsuccessful, then there is the ability to take the matter to the Special Educational Needs and Disability Tribunal. Although this has been designed for parents to represent themselves, it is a daunting prospect for some parents and Monarch Solicitors can offer advice, preparation and even representation at the hearing.

We can provide support in the following areas:

  • Challenging a child’s statement of Special Educational Needs or Education and Health Care (EHC) plan
  • Challenging local authorities’ failure to provide special educational needs support
  • Appealing SEN funding decisions
  • Disability discrimination claims

Admissions and Exclusions

If your child has not been given your preferred school, Monarch Solicitors can help you appeal to the Independent Admissions Appeal Panel through providing support in preparing for the appeal and offering representation at the appeal.

In the event your child is excluded, and your challenge to the school is unsuccessful, then Monarch Solicitors can assist in appealing the matter further. We can offer support for:

  • Challenging admissions decisions
  • Appeals against exclusion
  • Alternative placements following exclusion

Monarch’s specialist solicitors also offer support to schools and education professionals in defending against such claims.

Contact our Specialist Education Law Solicitors

If you would like to enquire about our education law and dispute services please complete our online contact form here or send an email to us at [email protected] and one of our education law solicitors shall call you back. Alternatively, please call our specialist education law team on 0330 127 8888  for a no obligation discussion.

For more information regarding legal funding options, please click here.

Monarch’s education legal team are based in Manchester and London.

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FAQ

Most frequent questions and answers

Section 20 Children and Families Act 2014 defines a child as having Special Educational Needs (SEN) if he or she “has a learning difficulty or disability which calls for special education provision to be made for him or her”.

A child is considered to have a learning difficulty if she or he:

  • has a significantly greater difficulty in learning than the majority of others of the same age; or
  • has a disability which prevents or hinders them from making use of facilities of a kind generally provided for others of the same age in mainstream schools or mainstream post 16 institutions.

If a child fails to make progress at the Additional SEN Support stage, a request can be made to the Local Authority, by either the parents or the child’s school, for them to carry out an Education, Health and Care needs assessment. This would be with a view to the child being placed on an EHCP.

The purpose of an EHCP is:

  • to make special educational provision to the meet the SEN of the child or young person;
  • so as to secure the best possible outcomes for them across education, health and social care, and
  • to prepare them for adulthood, as they grow older.

Wait for the letter giving you the reason for refusal – this will determine whether you need to make an infant class size appeal or a standard class size appeal.

  • Accept the school place you have been given. This does not affect your right to appeal other school places or have your child on a waiting list for other schools.
  • Check your child’s place on the waiting list for your preferred schools and how often this will be reviewed.
  • Collect the information from the school about their admissions arrangements, the Published Admissions Number (PAN), Net Capacity Assessment, staff capacity, the actual number of pupils in each age group, information about the size of the classrooms and communal areas.
  • Follow the instructions you receive from the admissions authority about how to lodge an appeal.

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