Special Education Needs - An Overview
Sinclairs Solicitors are leading experts in the field of Special Education Needs &
Education Law, acting throughout England & Wales.
The department is located at our Penarth office near Cardiff, and
is only one of two law firms authorised and contracted by the Government's
Legal Services Commission in Wales to advise in this specialised
area of law.
Sinclairs is a member of
ELAS - (the Education Law Association)
Legal Services Commission Franchise (please contact our offices for further
advice & eligibility criteria)
Mr. Michael Charles, one of the country's leading lawyers leads this growing
department, with the support of top barristers in the field of Special
Education Needs & Education Law.
So what is 'Special Education Needs' you may ask? Essentially
it is the provision of an alternative appropriate level of education
to meet the needs of a child who would otherwise be unable to achieve
the required standards in a normal schooling environment, as determined
by the Governments National Curriculum targets. Children requiring
special education needs may suffer from a variety of mental or physical
disabilities or disorders that may impair their ability to learn
at the normal developmental rate. They therefore require specialist
education to meet their individual requirements. Sadly, these needs
are not always met initially by LEA's, for various reasons, and
invariably legal advice or intervention becomes necessary to solve
matters.
The specific laws governing 'Special Education Needs' are listed
below:
Education Acts 1993 and 1996
School Standards and Framework Act 1998
Special Education Needs and Disability Act 2001
As a direct consequence of the above acts, an independent body called
the Special Education Needs and Disability Tribunal System (SENDIST)
was set up. This totally independant body acts to enable parents
the right of appeal against any LEA decision in cases where the
parents consider that their child is not receiving the level of
education they rightfully deserve (as defined in the above acts).
The Government now pledges that parents should now have the right
to decide on where their child is educated. Previously decisions
concerning an individuals schooling requirements were made solely
by the LEA and this was binding. Parents had no right of appeal,
and therefore, were unable to pursue the right to gain their child
the level of education they considered their child deserved.
It is possible for example for the Tribunal to order that your child be educated at an
Independent Specialist school if it is necessary.
Despite the changes in the law, LEA's still seem to act reactively
rather than proactively on the issue of special Education needs.
There are of course reasons for this, namely that an individual
LEA may not have suitable Education establishments located within
its area, and would therefore be required to pay for education within
another area or at an independent school. It
is often the case too, that there are simply too few places available
within a given area and places are allocated to those with what
are considered more severe learning disabilities. If your child
requires special education, then you now have the right in law to
demand that your LEA provides suitable schooling to meet their needs,
regardless of where you live or the resources available within that
area. Provision to meet a childs needs ought to be set out in what is
known as a statement of Special Education Needs. This is an extremely important document
which has legal ramifications. without a Statement of Special Education Needs, parents
do not have the same legal redress. It is important therefore that the document is
accurate and provision specific.
It must be stressed that the legislative procedure in regard to
special Education needs is a complex and detailed process, which
involves the LEA throughout and so we would strongly recommend seeking
appropriate legal advice at an early stage. We're able to advise
you on all aspects of special Education needs, your rights, and
the best solution to meet your childs needs.
Learning & skills post 16 provision
What do you do if you have a child with SEN and is about to go to college?
How do you get the right support?
We Employ the use of top barristers should you require them.
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