SEN Law: Everything You Need to Know
SEN Law: Everything You Need to Know
Navigating SEN law can feel really overwhelming at times, especially when all you want is the best for your child. It’s important to remember that there are clear laws in the UK designed to protect the rights of children with special educational needs (SEN). Understanding these laws can make a big difference in securing the support your child deserves.
At SEN Tutors, we aim to break down the essentials of SEN law for you with this guide.Learn about Education, Health and Care Plans (EHCPs), the SEND Code of Practice, and the steps you can take if your child isn’t receiving the help they need. Whether you’re talking to schools or local authorities, know that you’re not alone.
This information is meant to empower you and help you advocate for your child’s education and well-being. Together, we can ensure they get the support they truly need.
What Is SEN Law?
SEN law is the legal framework designed to ensure that children with special educational needs and disabilities (SEND) get the appropriate support in their education. This includes provisions under the Children and Families Act 2014 and the Equality Act 2010, which protect children with SEN from discrimination and ensure their rights to tailored educational support. Schools and local authorities must comply with these laws to ensure that children with SEN are supported in ways that help them achieve their potential.
Under these laws, children who have greater difficulty in learning compared to their peers, or who have disabilities that make attending regular school more challenging, are entitled to additional help. This might include specialised teaching methods, assistive technology, or one-on-one support.
Code of Practice SEN
The SEN and Disability Code of Practice is a key guide that provides practical advice on how SEN law should be implemented. It’s aimed at schools, local authorities, and health services, ensuring they work together to identify and support children with SEN early on. The Code of Practice SEN emphasises involving parents and children in decision-making and provides clear guidelines on assessments, support plans, and funding.
The document ensures that schools and local authorities know their responsibilities when it comes to identifying, assessing, and meeting the needs of children with SEN. It also outlines how schools should prepare Education, Health, and Care Plans (EHCPs) to formalise the support required.
EHCP Legal Requirements
An Education, Health, and Care Plan (EHCP) is a legally binding document that details the specific support a child with SEN will receive across education, health, and social care. EHCPs are designed to ensure that every aspect of a child’s needs is met. Under SEN law, local authorities must assess children to see if they qualify for an EHCP, and if they do, they are obligated to provide the support specified in the EHC plan.
Check out an example of an EHC plan example for Autism here.
Parents have the right to be involved in the EHCP process, from the initial assessment to regular reviews. If you believe your child’s EHCP is not being followed, you have the right to challenge this legally, either through mediation or by appealing to a tribunal.
SEN Solicitors and Legal Support
Sometimes, navigating SEN law on your own can be complicated. In these cases, hiring a special educational needs solicitor can be invaluable.
SEN solicitors are legal professionals specialising in legislation relating to special educational needs and can help you advocate for your child. Whether you need help securing an EHCP, disputing decisions made by your child’s school, or challenging a local authority, a special needs education lawyer can provide expert advice.
How Much Does a SEN Solicitor Cost?
The cost of hiring a SEN solicitor can vary, but generally, you might expect to pay between £100 and £300 per hour. Some legal professionals offer fixed-fee services depending on the complexity of your case. If you’re considering this route, make sure to discuss fees upfront.
When to Consider a Special Education Attorney
If your child is not receiving the support they are entitled to under SEN law, it may be time to consult a special education attorney. These legal experts can help ensure your child’s rights are protected, particularly when it comes to securing an EHCP or appealing decisions made by a school or local authority. By working with a special educational needs solicitor, you can ensure that the support laid out in your child’s plan is implemented correctly.
What to Do If SEN Law Isn’t Being Followed
If you believe your child’s school or local authority isn’t following SEN law, there are several steps you can take:
- Talk to the School: Start by raising your concerns with your child’s teacher or SENCO. Open communication is often the best first step.
- Seek Legal Advice: If you’re not satisfied with the school’s response, consider consulting an SEN solicitor for legal advice.
- File a Complaint: You can make a formal complaint to the local authority if the school is not providing the necessary support.
- Appeal to a Tribunal: If you still feel your child’s needs are not being met, you can appeal to the Special Educational Needs and Disability Tribunal (SENDIST).
FAQs About SEND Legislation UK
What Is the Code of Practice SEN?
The SEN and Disability Code of Practice is a guide used by schools, local authorities, and health services to ensure that children with SEN receive the support they need. It outlines how SEN should be identified and supported.
How Much Does a SEN Solicitor Cost?
The cost of hiring a SEN solicitor typically ranges between £100 and £300 per hour, depending on the complexity of the case and the level of legal support required.
What Are the EHCP Legal Requirements?
EHCP legal requirements ensure that children with SEN receive the necessary support to meet their educational, health, and social care needs. Local authorities must follow the EHCP process, which includes regular reviews and assessments.
What Is SEN Legal Support?
SEN legal support involves working with SEN solicitors or special educational needs solicitors to resolve disputes, secure EHCPs, or ensure schools and local authorities comply with SEN law.
FAQs About SEN Tutors
What Services Do SEN Tutors Offer?
SEN Tutors provides tailored, one-on-one tutoring services for children with special educational needs. Our tutors specialise in a range of learning challenges, including ADHD, autism, and dyslexia. We also help families navigate EHCPs and other aspects of SEN law.
Do You Offer Tutoring Near London?
Yes, SEN Tutors offers tutoring services across the UK, including tutors near London. We provide both in-person and online sessions to fit your child’s needs.
How Do SEN Tutors Help with SEN Law?
We work closely with families to ensure that schools are meeting their obligations under SEN law. Our tutors not only provide educational support but also help parents understand and navigate EHCPs and other legal requirements.
Conclusion
Understanding SEN law is key to ensuring your child receives the support they need to thrive in school. From EHCPs to the SEN and Disability Code of Practice, knowing your rights under SEND legislation UK empowers you to advocate for your child.
If you need help with your child’s education or have questions about SEN law, contact SEN Tutors today for expert advice and tailored tutoring services.