The Upper Tribunal (UT) in this case allowed an appeal against a decision of the FTT, finding that it had not fully explored the relationship between ss 33 and 39 of the Children and Families Act 2014 (CFA) and had not adequately explained how and why the...
An interesting case providing clarity on when an order of costs can be made. It is hoped that the decision will deter local authorities (LA) from prolonging appeals which should rightly be concluded swiftly because they have no prospect of a reasonable...
The Upper Tribunal (UT) found that the First-tier Tribunal (FTT) had made an error in dismissing a young person’s appeal against the content of an EHCP without ordering amendments to make the Plan workable. The appeal concerned a young person,...
This case concerns the obligation of local authorities (LA) in England under the Children and Families Act 2014 (CFA) in relation to young people (aged under 25 years and over compulsory school age and with special educational needs (SEN). The appeal In...
The Royal Borough of Kensington & Chelsea v GG (SEN) [2017] UKUT 141 (AAC) The case concerns an appeal by ‘G’ against the local authority’s (LA) decision to refuse to carry out an EHC needs assessment under s36 (3) Children and...
Laxmi joined the firm in 2014 to establish a Special Educational Needs team at Boyes Turner, a welcome addition to the Claims group. The medical negligence, court of protection and now special educational needs teams all work to support babies and...
It was International Down Syndrome awareness day on 21 March 2017. To help raise awareness, we are writing a series of articles about Down Syndrome and education. Today we are looking to education through to adulthood. In a week where Kathleen...
It is international Down syndrome awareness day on 21 March 2017. To help raise awareness, we are writing a series of articles about Down syndrome and education. Today we are discussing secondary and further education for children and young adults with Down...
It is international Down syndrome awareness day on 21 March 2017. To help raise awareness, we are writing a series of articles about Down syndrome and education. Today we are exploring early years and primary school education for children with Down...
It is international Down syndrome awareness day on 21 March 2017. To help raise awareness, we are writing a series of articles about Down syndrome and education. Today we are looking at the common educational characteristics of a child with Down...
It is international Down syndrome awareness day on 21 March 2017. To help raise awareness, we are writing a series of articles about Down syndrome and education. Children with Down syndrome were not always entitled to an education. We are looking back...
Once a young adult turns 18 they are no longer legally required to participate in education. However, the Education, Health and Care Plan (EHCP) can now provide support to young adults until they are 25 years old provided their learning outcomes have...
So says the findings of a GL Assessment report out today, 24 February 2017, ‘Hooked on labels not on needs’. The survey polled 810 teachers from 19 January to 1 February 2017. In summary, the findings are: 57% of teachers in the survey think...
Personal budgets and direct payments are a way that individuals can manage their own care and support. There is an increasing drive by the government in recent years to promote it. It has been around in social care for a while but is relatively new in the...
The Minister for Vulnerable Children and Families Edward Timpson Department for Education (DfE) is commissioning a review to investigate the experiences and outcomes of children and young people (CYP) in residential special schools and colleges. Dame...
Over the last few years, there have been regular news articles about cuts to school transport. This has taken the form of reducing number of school buses, terminating services entirely and increasing the amount parents have been asked to contribute. ...
The House of Commons Library briefing published on 10 November 2016 sets out information on the impact of the changes for children with special educational needs and disabilities brought about by the Children and Families Act 2014. For those who want to...
On the 3 rd November Laxmi Patel , Head of Education at Boyes Turner, was invited to be a guest speaker at the Westminster Education Forum in London. The Westminster Education Forum is an opportunity for interested parties across the Education...
Pupils who have special educational needs (SEN) support, including those children with Education, Heath and Care Plans (EHCP), have the highest exclusion rate in the UK. The Department for Education found that children with SEN are over 7 times...
The appeal of S-G v Denbighshire County Council and another has, for the first time, considered how special educational needs tribunals should handle a case where parents do not agree with one another about school placement. This judgement...
Lee Scott was asked in March 2016 by the previous Education Secretary, Nicky Morgan, to look into the special educational needs and disability (SEND) changes brought about by the Children and Families Act 2014. Mr Scott was the former Prime Minister’s...
Earlier this month Boyes Turner’s special educational needs (SEN) specialists were kindly invited to attend an event celebrating local charity Dingley’s Promise . Dingley’s Promise is a registered not for profit charity with a...
Boyes Turner SEN team hosted their annual conference on 20 October 2016. Laxmi Patel , Head of Education at Boyes Turner, gave us top tips and guidance on how to complete an Educational Health and Care Plan (EHCP) and provided real examples...
What do Winston Churchill, Agatha Christie, Richard Branson and Jamie Oliver have in common? All of these successful celebrities were diagnosed with dyslexia ! Dyslexia Action reports that one in 10 people are dyslexic, more than 6.3 million people...
Choosing a new school for your child can be one of the most stressful decisions you will have to make as a parent. But for parents with children who have special educational needs, this decision becomes even more challenging. It is a question of suitability...
All state schools are required by law (Equality Act 2010) to ensure that special help is provided for children with special educational needs, such as dyslexia. This often includes additional one- to-one support with a Teaching Assistant or additional time...
Dyslexia is a developmental disability which means you are born with this disability. Despite this, a diagnosis of dyslexia is often not reached until the child is at school and is seen to struggle in comparison with their peers, explaining why it is...
As special educational needs specialists we often meet clients who have been diagnosed with dyslexia and see how challenging this disability can be in day to day life. But what many people do not realise is that one in 10 people struggle with dyslexia...
The Special Educational Needs and Disability Tribunal (SENDIST) has brought in new changes to the tribunal appeals process. The changes were brought in from 1 August 2016 and have not been widely publicised. The tribunal’s website will be changed in...
The judgment of the Upper Tribunal in Hertfordshire County Council v MC and KC (SEN) (Special educational needs : Failure to make a statement) has been released. This case the question of when an EHCP is necessary. This case is an appeal...
Over the weekend, we received this flyer from a concerned parent via Facebook. The parent asked us whether what the local authority was proposing was lawful. The flyer “SEN Banding Information Sessions” poses the question;...
We are approaching the end of the academic year. This is normally a busy time for education lawyers, particularly those of us who specialise in special educational needs. This year, however, has been the most hectic I have experienced in nearly 10 years...
We’ve been asked to clarify how special educational needs funding (SEN funding) is handled in schools. We are told that some local authorities (LAs) are ‘deducting’ the first £10,000 and others are ‘deducting’ the...
The Children and Families Act 2014 created a new system of support for children and young people with special educational needs and disabilities (SEND). Two of the many changes made were: Extending SEND support to the age of 25; Creating the...
Over recent weeks we have experienced an increase in enquiries from concerned parents and young people who (1) will be moving on to further education in September or (2) are already in further education but where they have been told that continued funding...
The Department for Education (DfE) has issued its first set of special educational needs statistics following the changes brought about by the Children and Families Act 2014. The information published on 26 May 2016 is currently the only national source...
Our special educational needs team will be attending the Transition Event on Thursday 26th May 2016 at the National Motorcycle Museum, Birmingham. Support for young people with disabilities into adulthood Celebrating its 10 th anniversary, the...
We have been asked for our views on the proposed SEN law changes in Wales. This is what we think. SEN law in Wales is changing. The proposed changes are, in some ways, similar to the changes following from the Children and Families Act 2014 in England,...
Since the beginning of February 2016, we have been chasing the Department for Education for details of the costs of the special educational needs and disability (SEND) reforms. On Friday 18 March we received the answer. The total figure is staggering. ...
On Thursday 10 March we attended the Kidz to Adultz event at the Ricoh Arena. We attend these events every year. Every year, we speak to increasing numbers of parents raising concerns. This year, we spoke with dozens of parents, more than ever before,...
Since the special educational needs and disability (SEND) reforms came about with the Children and Families Act 2014 coming into force in September 2014, we have expressed our concerns about health and social care not engaging with the process. Read ...
The Department for Education (DfE) has confirmed that the Education and Adoption Bill has completed its journey through Parliament and will now be put forward for Royal Assent. This means that the Bill will shortly become the Education and...
The Department for Education (DfE) has issued a new newsletter summarising recent events in relation to the new special educational needs and disability (SEND) reforms. SEND reform statistics Perhaps most shocking are the findings from the December 2015...
Over the past few weeks we have been contacted by a number of parents of children with high-functioning autism (HFA). It seems increasingly common for local authorities to refuse to make an Education, Health and Care (EHC) needs assessments of young people...
Laxmi Patel recently contributed to an article in School’s Week in response to a Freedom of Information request highlighting significant differences between local authorities in the number of assessments completed in the first year of the...
“A new special educational needs (SEN) system has been in place for more than a year. But have the changes been positive? Laxmi Patel gives them a broad thumbs up – but warns that cuts are taking their toll”. Laxmi Patel recently...
On 29 January 2016 the DfE announced that it would be putting more money into the special educational needs and disability (SEND) reforms. The additional funding is £80 million. The funding breaks down as follows: £35.87 million to local...
We are fast approaching the 15 February, the date by when local authorities (LAs) must issue a new Statement of Special Educational Needs (SSEN) or Education, Health and Care Plan (EHCP) for children who are transferring to a new phase of...
The Department for Education (DfE) has published statistical analysis of absences and exclusions for pupils with special educational needs (SEN). It is no surprise that the statistics show that children with SEN and/or disabilities are more...
We are proud to announce that we are hosting the BABICM Children and Young People group’s Special Educational Needs training day for case managers. This course will be for case managers who are supporting children and young people up to the age of...
