Special Educational Needs

The following Law will still apply in Wales post September 2014.

In England, the Children and Families Act 2014, introduces the Education, Health and social care plan (EHCP) .The following law however, shall still apply to England cases in which a child hods a statement until such time as the statement is converted into an EHCP.

What are Special Educational Needs?

s.312 of the Education Act 1996 defines the circumstances arising when a child has learning difficulties, which require special educational provision to be made. Special Educational Needs arise if: (The definition is very similar under the Children and Families Act 2014).

  • A child has a significantly greater difficulty in learning than the majority of children of the same age.
  • A child has a disability, which affects that child from making use of educational facilities of a kind generally provided for children of the same age in schools within the area of the Local Education Authority.
  • The child is under the age of five years and is or would be if special educational support were not made, likely to fall within the above categories when over the age of five.

The Education Act 1996 allows for more detailed Guidance to be produced and that guidance is contained in the Special Educational Needs Cope of Practice in England (issued in November 2001). In Wales the Special Educational Needs Code of Practice for Wales (issued in April 2002) is the relevant guidance. 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 are able to advise you on all aspects of special Education needs, your rights, and the best solution to meet your child’s needs.

A new code of practice will apply to England cases. Remember that when producing an EHCP the local authority will have to take into account the assessments undertaken by both health and social services. A holistic view is necessary.

Some conditions that may require SEN recognition and provision

Dyslexia, Dyspraxia, Dysgraphia, ASD (Autism), Language Difficulty, ADHD, Dyscalculia, Fragile X, CP , and many more. Remember, if your child is still struggling in school despite support being put in place, and you are worried that your child is still not making progress, you should speak to one of our SEN legal specialists.

In Wales – the term Additional Learning Needs is on its way?

The phrase Special Educational needs is still used in both England and Wales. However in Wales things might change. The Education Bill in Wales has recently been through consultation and it is likely that if no changes are made the phrase will become known as Additional Learning Needs.

Why use a specialist SEN Special Educational Needs Solcitor?

It is good to be able to have someone to help. However Sinclairslaw legal team are specialists in the law of Education pertaining to special educational needs. The team deals with tribunal appeals in both England and Wales and its head of department is one of the leading lawyers in the world of SEN ( special educational needs ) law. The firm helps not only young children, but adults who might need assistance in the world of further education. It also has a specialism in Higher Educational Law, addressing the needs of the University student through the advice given for those who might need assistance in securing adequate support via the student disabled allowance scheme.

Speak to an expert special Educational Needs lawyer today – call Sinclairslaw – a specialist Education law solcitors firm.

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