1. Douglas Silas Solicitors www.SpecialEducationalNeeds.co.uk
‘How to Get
the Best for My Child’ by
James Isaac
SEN Specialist,
Douglas Silas Solicitors
LAW FIRM OF THE YEAR
(EDUCATION)
LEADING FIRM
(EDUCATION)
SEN LAW FIRM
OF THE YEAR
LEADING FIRM
(EDUCATION)
LAW FIRM OF THE YEAR
(EDUCATION)
Linked In: Douglas Silas Facebook: douglassilas Google+: +DouglasSilas

2. OVERVIEW Split presentation into 3 parts: The Law and Key Changes
Working Together
Appeals to the SEND Tribunal
Lots to do in short time
(so won’t be able cover everything)
Time for questions at end

3. LAW & KEY CHANGES New SEN framework since 1/9/2014
Statements of SEN due to complete transfers to EHCP’s by 1/4/2018
Transfer Reviews
(cannot appeal whilst ongoing/vice-versa)
Can only appeal refusals to assess/make plans/against contents of EHCP’s (can appeal other things as well but will not be discussing today)
Legal test for SEN (probably already covered?)

4. SEN SUPPORT Must maximise child/YP’s access to school
Called ‘Graduated Approach’
4 step cycle:
Assess;
Plan;
Do;
Review
If still not sufficient - may need to ask for EHC Needs Assessment with view to EHC Plan (EHCP)

5. Douglas Silas Solicitors www.SpecialEducationalNeeds.co.uk
EHC PLANS
EHC assessments should lead to EHCP
If unhappy, can still appeal against:
Refusal to assess
Refusal to make EHCP after assessment
EHCPs now cover 0-25 and H/C as well as E
Supposed to give more holistic view of child/YP
Initially need to respond as fully as possible to draft EHCP (also can express preference for school/request PB)
If still unhappy when EHCP finalised can appeal:
Contents of EHCP (only sections B/F/I)
More about appeals later…
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6. SEN PROVISION Section 19 duties under CFA 2014
Additionally see COP 2015 para 6:1
Also see Caselaw - A v Herts. [2006] / Devon v OF [2016] (duty only to provide what is ‘reasonably required’)
SEP must be detailed/specific/normally quantified
Prov. must also be specified (so no room for doubt)
H/C prov. can also be E if it educates/trains
If alternative arrangements being made, need to check they are realistic

7. WORKING TOGETHER Always aim for collaborative approach with LA
Build good relationship with LA caseworker
Try and keep a ‘paper trail’ (e.g. s after phonecalls)
Gather expert evidence/spell out what you want
Use mediation/meetings where possible
Always bear in mind any appeal deadlines
Be courteous but firm
Engage an independent advocate to help you
(wherever possible)

8. APPEALS TO SEND TRIBUNAL
Can only appeal final EHCP (must first get mediation certificate)
Evidence is always key (e.g. EP/SaLT/OT/PT/TVI/THI)
Section B usually divided into 4 areas of SEN:
Cognition and learning
Communication and interaction
Sensory and physical
Social, emotional and mental health
(but may also include self-help/independence)
Section F must have prov.to meet Section B needs
Use Working Documents to clarify disputes
Increased legal duties for mainstream schooling
Obtaining qualifications post-16/19 not essential

9. FORTHCOMING CHANGES Most appeals made on purely E basis
But from 3/4/18 going to be ‘National Trial’
SEND Trib. Will now make ‘recommendations’ about H/C prov. as well as E/SEP
Hope to then take more holistic view of child/YP
Should also improve joint-working between different commissioning agencies (e.g. LA/NHS)
But any recommendations made by Trib.
will still be non-binding

10. Questions