Although the rules have changed in England, the procedure in Wales is very much the same as it has been for a number of years. The Education Measure of 2010 has however extended the rights of a child to be represented before the special needs - SEN tribunal. For those that qualify legal aid assistance could be available to speak to a solicitor although will not extend to actual representation before the tribunal. Legal aid can however help you prepare your evidence including in some help you obtain an education psychologist , speech therapist or perhaps an occupational therapist report. Speak to a specialist education law solicitor to see if you might qualify.

The SEN tribunal procedure is however relatively straight forward. Having the right evidence is the key. The SEN tribunal in Wales handles many hundreds of cases each year and it is a statistical fact, that having the right evidence and having the right advice is more likely to lead to success.

The Special Educational Needs Tribunal Regulations 2001 still govern the SEN Tribunal in Wales. Grounds of Appeal must be filed with the relevant paperwork as set out on the Appeal Form, a case statement is then later filed together with expert evidence and then the final hearing adds oral evidence. Late evidence can be filed at least 5 working days before the final hearing if it was not reasonably available before. The tribunal aims to make it’s written decision within 10 days of the hearing.

Once a SEN tribunal has reached a decision the local authority are obliged to follow it. This means that they should do as the tribunal direct. If they fail to do so it is possible to bring an injunction in the High Court to compel them. This procedure is commonly referred to as Judicial Review. Sinclairs Solicitors ( now Sinclairslaw ) have vast experience in dealing with judicial review claims. You can therefore have the peace of mind of knowing that your case will be handled by a specialist public law solicitor.