Maxwell Gillott Solicitors
SPECIAL EDUCATIONAL NEEDSParents of children with special educational needs are under constant pressure from the everyday difficulties of coping with home and school. They know it gets harder all the time to make sure each child benefits to the full from the education system. Local Education Authorities, on the other hand, have access to all the relevant resources and information, with years of experience in dealing with Special Educational Needs Tribunals. Parents in these circumstances frequently feel at a loss to know what to do, and are often overwhelmed by the difficulties of putting their case across, perhaps in the face of opposition from the LEA professionals. We realise that you may receive conflicting advice from LEAs and other groups. Working with appropriate experts in the field, we are able to provide an independent initial assessment of what the important issues are for your child, and advise you on how to achieve what is really needed.
Although we deal with many other things besides special education needs, a substantial proportion of our work involves assisting parents of children with learning disabilities. Elaine has developed a particular expertise in obtaining places at independent schools for children with autism, and communication and complex earning difficulties, as well as properly supported mainstream places for children with Down’s syndrome. Because of personal experience with her own children, she also has a strong interest in the problems faced by children with dyslexia and dyspraxia. Jane has furthered an interest in the provision for children with cerebral palsy, while Jo is able to bring a unique perspective on educating children with hearing difficulties in mainstream schools and language units. Our telephone advisors also have high levels of additional expertise in individual areas – Anne is highly experienced in the law relating to home education, David is able to advise on all matters relating to practical school government in dealing with children as well as representing parents at Special Needs Tribunal hearings, and Liz has many years of experience assisting parents of children with autism.
Because of this specialisation, we are able to ensure a greater level of understanding of the particular educational needs of your child. We have developed close working relationships with many of the leading independent experts in the various disabilities, and we know whom best to consult in which situations. In addition, in cases where parents are on benefits and unable to afford to pay for legal representation at the Special Educational Needs Tribunal (now SENDIST), we can work closely with a number of the main charities in the field to secure the best, most cost effective, service.
SENT representationAlthough the Special Educational Needs Tribunal was intended to enable parents to conduct their own case many find this extremely difficult, particularly as it is at a time when you are at your most emotionally vulnerable. In addition, although the Tribunal hearing itself is designed to be informal, the stages before the actual hearing can be quite legalistic and inflexible. There is always a great deal of preparatory work to be done, which many parents find hard to get to grips with. And all this comes at a time when parents are at their most emotionally vulnerable. We can provide a full package of support, from advising you on how to get to the point where you can appeal against your child’s Statement, right up to presenting your case in the Tribunal itself. We will advise you whether you need to get any additional reports on your child, and put you in touch with appropriate experts, who are experienced not just in your child’s disability but also in giving evidence at the Tribunal hearing. If you wish (and many parents do) we can also represent you at Tribunal and present your case on your behalf. Because we have advisors in different parts of the country we are able to present cases without difficulty in any part of England or Wales.
We act for parents from all over the country, appearing in Tribunals as far apart as Truro, Portsmouth, Newcastle, and Carlisle. Over the last five years we have obtained independent educational provision worth over £18 million, on behalf of over 100 children. In addition, in perhaps less spectacular cases, we have helped many other parents present successful appeals at Tribunal to obtain the education their children needed.
SPECIAL NEEDS - Case Studies
1. Martin was eight years old with severe autism. He had been placed in a LEA school for children with severe learning difficulties. Although it was a very caring school, it had little idea of how to handle M’s distress over his communication difficulties, or how to teach him to generalise his learning into different settings. He was becoming increasingly distressed and difficult both at home and at school, but the LEA considered that all the problems were home based, and that the education he was receiving was adequate. His parents had appealed earlier to the Tribunal but they did not have legal representation at that stage, and had not been advised on the expert reports they would need to prove their case. When they came to us, they had just lost this tribunal, although they had succeeded in obtaining an increase in the level of provision in Martin’s current school.
We arranged for Martin to be assessed by a speech and language therapist who specialised in autism, and an educational psychologist who assessed him in school. The psychologist was able to show that no matter how caring the school staff, they simply were not equipped to deal with autism. With the help of these experts, we were able to demonstrate that the LEA needed to reassess Martin’s needs, and to issue a new Statement. Following a successful appeal to the Tribunal, we obtained an order naming the school of the parent’s choice, which had specialist provision for autism, as well as the full range of speech and language and occupational therapy. After some initial difficulties settling in, Martin has now blossomed in his new placement, and is starting to communicate for the first time in many years.
2. Brian was 16 years old, with Asperger’s syndrome. He had been helped through his compulsory education by a placement at an independent specialist school. Everyone agreed that he would benefit from attending a course at a College of Further Education. Brian chose a college that was some distance from his home, but able both to provide for his interest in horticulture and to offer help in dealing with his special needs. However, Brian’s parents could not afford the cost of the transport, and without funded transport Brian would not have been able to start at his chosen place of education. Despite months of negotiation and discussion with his parents, the LEA refused to pay for the transport, arguing that Brian should attend a nearer college on a different course. Following correspondence from us, threatening legal action, the local education authority made proper transport arrangements in time for Brian to start college at the beginning of term.