Special Educational Needs Law and Disability

I am often asked by clients what drove me into a career representing children with special educational needs requiring support in the special educational needs law and disability. I first got to understand special educational needs law and disability , not as an advisor, but as a young student with significant needs. In Year 6, I was diagnosed with both dyslexia and dyspraxia. It explained, in part, why sometimes I felt disengaged from the learning process. Every child with special needs has certain coping mechanisms to cover up the fact that they have complex needs, mine was humour.

My time at secondary school

I was lucky to attend a nurturing and supportive mainstream state secondary school, I felt that they immediately got to grips with both my learning difficulties and my potential. The school, with the support of my parents, started the process to have me assessed for a statement of special educational needs. A statement (now an EHCP in modern terms) is a unique document, in that it should set out clearly the needs and provision that young people with special needs require. The provision outlined (from a learning support assistant to specialist teachers and therapists, and specialist independent schools) are the responsibility of your local authority and must be provided). As part of the support that I was provided, I was taken out of modern languages, which I was ‘absolutely awful at’, and given support with phonics, within the school’s highly resourced special educational needs base. What was crucial, and what was to guide me, unbeknownst at the time, in my future career, was the fact that the school always had ‘high aspirations’ for my future. For me, this was the norm, but I was to learn through my work at Sinclairslaw and through the charity IPSEA that high aspirations for those with special educational needs is not the norm. As a young student, I was terrible at waking up in the morning and getting to school on time. This always posed a problem when my parents used to attend my annual review, which is a meeting where they review what progress you have made during the academic year. Every year, before my annual review meeting, I had to sprint up the escalators at Camden Town tube station, ducking so that my parents couldn’t see me. I had to then continue sprinting to school to make sure that I could get there earlier than them (albeit, still late). I remember arriving at most of my annual review meetings breathing heavily after sprinting, which they always took, thankfully, as being nerves, rather than my terrible habit of sleeping in. I remember one annual review, in which the local authority enquired why there was not much recorded in relation to my timetable on Friday morning. Apparently, the SENCo advised the local authority that ‘Zach doesn’t do Friday mornings’, and it was better not to focus too much on it.

My A-Levels

As with every student with special educational needs, I had one teacher that did not ‘get me’. In relation to a subject that I believed I was particularly good at, he advised, based on my written work, which was of course hampered by my learning difficulties, that I would only ever get a maximum of a C. I was fortunate to be brought up with extremely caring parents, who were able to support me during my A-Levels with additional support. Because of that additional support, and assistance in that particular course, I was able to obtain an A, and to move on to university to study politics. However, due to my experience with this particular teacher, and the difficult relationship which ensued between us, I came to a realisation at that early stage in my life as to how many young children with special educational needs ‘fall through the gap’ and, instead of getting assessed on their intelligence or ability, fall through the wayside due to their unmet special educational needs. It was at this early stage of my life that I decided to help this vulnerable group and started to look at becoming a lawyer who specialises in education disability.

My time at university

I was fortunate enough to spend a gap year in Israel, teaching both Arabs and people of a Jewish persuasion English. Being taught by a dyslexic English teacher would be an experience that I imagine many of them will not easily forget. I made a rule up in the class that they must speak in English, which they thought was to better their language skills. In reality, I was struggling to get to grips with Hebrew, and it proved a very useful and cunning diversion. I carried on to study politics, always with the idea that I would go back to do law as a conversion course. I managed to study a graduate diploma course in law and the legal practice course at BPP law school. During my time at law school, two profound experiences were going to have a significant impact on my life. The first, was that I was to be trained by IPSEA to represent families of children with special needs at tribunal hearings, I cannot stress enough the transformative impact for a young person with special needs, having been given an opportunity to represent families of children with special needs to get the right support. I felt a change from a position of feeling powerless, in particular with my dealing with my teacher at A-Level, to being in a position of power, in which I could help vulnerable people obtain appropriate provision for their children. Obtaining a victory in special needs cases has always meant so much to me, more than words can describe, as I can understand the very real implications of when a child does not receive the support that they require, and are left to fall short, in their lifetime, of their real potential. The second experience that happened to me, was that I met, during a conference at law school, a then young education barrister, by the name of Steve Broach. I nervously plucked the courage to ask him whether I can watch him at a tribunal case, he smiled at me and told me that he had something more interesting for me to see. At the time, he was volunteering to represent a young family of a child with complex needs, who had been excluded at school and required legal representation at an exclusion hearing. I attended the hearing with Mr Broach, at which he told me his frustration that so many young children go through the exclusion hearings without obtaining any legal support. At this time, we discussed whether it would be possible to create a pro bono organisation, where law students would represent families of permanently excluded children. The BPP school exclusion project was formed, thanks to the hard work of Steve Broach and my fellow student director at the time, Natasha Silverman. Mr Broach kindly provided the training, and we provided the representation at the hearing, along with the administrative support required for the project. I was simply amazed at the amount of young people that went through the same process, which was that either they had unrecognised or recognised special educational needs, that, due to their special educational needs, they started to disengage from education, and this was exhibited in difficult or disruptive behaviour. This would generally lead to either being the exclusion or permanent exclusion of the pupil. This seemed to be a pattern that constantly repeated itself and it was a travesty that young children with special educational needs were not being provided with the early intervention that they required, in order so that their needs could be met. It was sad to see how many young people felt that they had no ability to express themselves but through difficult behaviour. As part of my work with the school exclusion project, I met a man called Gerry German of the Communities Empowerment Network. He was inspirational, he ran an organisation which represented families who have been excluded from school. He was a former teacher, who cared greatly about disadvantaged children and, in particular, having an education system that understood their needs and also their potential. We worked closely with his organisation to ensure that more families could be represented. Although he has passed away, I wonder if he knew the impact that he had on the lives of those that he represented, along with the impact that he had on myself and other people as part of the school exclusions project. I will never forget his drive.

Learning how to become a lawyer and meeting the irrepressible Mike Charles

I, after much effort, managed to obtain a work experience placement at a leading education law firm. It was then that I met Mike Charles, who was to become the most significant impact on my legal education. Mike took me under his ‘wings’ and gave me the opportunity to first watch him in action, and then to assist him with cases, he gave me the opportunity to work with Maggie McCormack in Birmingham, an outstanding lawyer. For a young person with a passion to study education law, to be trained by someone who is experienced and dedicated as Mike was a unique experience. Maggie had previously been a social worker and was therefore able to bring in a lot of practical experience into her job; her clients adored her and she in turn provided them with total dedication. After about 3 months I was given the opportunity to train with Mike in Wales as part of a training contact for the purposes of being a lawyer. This was one of the most intensive periods I can remember. Mike does not work normal hours, because he is totally dedicated to helping people and is very passionate about helping disadvantaged students. It was during this period that I really homed in on my skills as a lawyer.

Moving back to London and meeting Adam Friel

Throughout my legal career I thought I was the only dyslexic lawyer. It was therefore a great pleasure to meet Adam, a lawyer that also understands special needs personally. Adam was diagnosed with dyslexia at a young age and obtained specialist support in the form of a specialist residential dyslexic school Appleford. It was Adam who advised me about access to work, which is a scheme run by the government to provide additional support in the workplace under a learning disability. I was amazed to realise that the government had a system of support that was available, as it is not well known. The support providing me provision for, not only specialist software to assist with my work, but also with support with reading and writing. This is an area of support which is not well known, but has made a tremendous difference. We in the London office have gone from strength to strength. Doug, who also has dyspraxia, has joined the team in the role of a paralegal. Vida is a paralegal who practices both criminal and education law, and has spent a year working with another education law firm, and finally Alex has joined the team as a personal assistant. Alex has a passion for assisting people to obtain a voice within a legal process. I hope this article provides a summary of my interests in education law, and how I have gone from being the boy that is being discussed at annual review meetings, to the lawyer representing parents at annual review meetings. I would never belittle any of my experiences, both as a young person with special needs and as somebody training to be a lawyer, and as a lawyer now, as I believe that it these experiences that helped me become a better-rounded lawyer.