SEND

Our education team at LBMW has a wide range of experience of Special Education Needs matters and has acted for young people, parents, Governing Bodies, Dioceses and Multi-Academy Trust companies.

We regularly act on a wide range of areas including:

• Exclusions and Suspensions
• Schools Admissions including for proposed admissions of pupils with EHCPs
• Providing advice and practical support for schools on Equality Act claims including for disability discrimination. In particular where these intersect with SEND matters.
• EHCP process including
  •  Providing advice on EHCPs
  • reviewing drafts
  • mediation with LAs and appeals to the SEND tribunal
  • Annual reviews
  • Education Otherwise than at School (EOTAS or EOTIS)
• Advising on SEND policies and other linked policies such as exclusion/suspension policies.

Case studies:

Repeating of a school year – we advised a MAT where a Local Authority proposed that a child repeat year 6 owing to the absence of places at a special needs school. We provided pragmatic advice about how to manage the day-to-day challenges of this plan and how to plan for the next academic year.

Disability discrimination claim – we have recently advised two MATs on responding to disability discrimination claims, arising out of permanent exclusions. Whilst one went to Tribunal, the other was ultimately settled by constructive engagement between the senior officers of the MAT and the parent. LBMW’s approach is not to take every claim to Tribunal if there is a pragmatic alternative which results not only in significant cost savings for the client but may achieve an outcome that both parties are happier with than anything directed by a Tribunal. Not all cases can be settled, in which case we will provide all the support and preparatory work necessary for the Responsible Body to put its case before the panel.