Is Legal Aid available in Education Law Cases?

Be careful, as some may tell you that legal aid is not available in education law cases. That is not true. Legal Aid is available but can be limited. It is however available for those who need to bring a case before the High Court in Judicial Review. Maybe for example to secure an order to ensure that the local authority provides home tuition, or free school transport. As for educational negligence it is available although difficult to secure as the legal services commission operate a strict criteria to ensure that the case is worth bringing.

Can I instruct a solicitor to help me in an SEN tribunal case?

Legal aid is generally not available to those who seek actual attendance/representation in the Tribunal, although those in receipt of lower income may qualify for legal help which is legal advice and assistance. It will enable your solicitor for example to give you advice and help regarding your child's statement. They can also assist you through the majority of the tribunal process to include instructing and paying for experts on your behalf. For further information you may wish to visit the Legal Services Commission web site and consider specifically their eligibility calculator.

Legal help will not however enable your solicitor to attend before the tribunal on your behalf.

If however you have a case which you believe should go to the court to resolve ie Judicial Review or a case involving a claim for damages that may only be resolved through the courts legal aid may be available for this. If the case involves a child then usually it is the child's means that are relevant rather than the parents subject to the rule against abuse.
In order to apply for full legal aid to bring proceedings before the court in an education case you will need to make an application. This can take time, and will involve the Legal Services Commission receiving a formal application on a standard application form usually known as a CLS APP 1 form Click here to view the application form

If you wish to apply you may print out this form and complete it, although you will need to take legal advice first. The form is accompanied by a financial means form. The relevant form depends on your circumstances. If you are applying for a child this is a MEANS 4 form, or if applying for yourself it is a MEANS 1 form. If self employed you will need to fill out a MEANS 1A. Means 2 forms are for those on benefits. Please note however that you should take legal advice first before deciding on the forms to use. The relevant means assessment forms can be found by clicking here

Before applying for legal aid, you might wish to check if you will financially qualify. Visit our legal aid elegibility calculator by clicking here

Sinclairs Solicitors (Now Sinclairslaw) is one of the few firms in England and Wales which has a license to provide advice to the public under the legal aid scheme

It is important that when you need a solicitor to help you with educational problems that you turn to one who has the quality mark issued to it by the Legal Services Commission. Sinclairs are one of the few firms in the UK to hold a franchise in Education Law. Contacting us will leave you rest assured that your case will be handled by specialists.