At Robertsons Solicitors, our Education Department is deeply committed to supporting children in accessing the opportunities they deserve. We understand that these opportunities can sometimes be limited for children with an Education, Health and Care Plan (EHCP), particularly where needs are not properly met or where schools and Local Authorities fail to provide appropriate support. We also recognise the profound impact this has on parents, especially when a child is unable to attend school because their needs cannot be met, and the Local Authority is not fulfilling its statutory duties. We appreciate that this is becoming a regular occurrence for many parents. However, our expertise and commitment to parents and young people means we understand the unique circumstances and complexities of each case. This enables us to provide tailored, effective support to families navigating SEND Tribunals, consistently achieving positive and successful outcomes for our clients.
Recently, we supported two siblings in EHCP appeals with complex special educational needs (SEN). In reviewing their cases, we observed that Sections B, F, and I of their EHCPs did not fully address the children’s needs, which in turn impacted Section F, as the schools were unable to meet each child’s individual requirements. While the Local Authority maintained that the children could attend school, we recognised that, due to their time spent out of education, this would not be a realistic option. As a result, we explored the possibility of education other than at school (EOTAS). EOTAS can offer a highly personalised approach, allowing children with complex needs to learn in a way that is tailored to them, providing a safe and comfortable environment and supporting the potential for reintegration into formal education. By delivering education in this way, EOTAS can help meet the children’s unique needs while fostering confidence, stability, and future learning opportunities.
When our client approached us, they were seeking a full EOTAS package for two of their children. We supported them by carefully drafting and reviewing each EHCP, working closely with the parent throughout to ensure the provisions accurately reflected the children’s needs and that appropriate adjustments were in place. When education does not meet a child’s needs, it can not only limit their development but also place them at greater risk.
One of the most significant challenges in this case was transport which was successfully secured within the child’s EHCP, an exceptional but highly positive outcome. This provision ensures greater safety, consistency and comfort for the child and their family, removing a key barrier to accessing education, and demonstrates that, with the right approach, EHCPs can be tailored to meet even the most complex needs.
The client was kind enough to leave the following review:
“I cannot recommend Rhys Palmer and the Education Law Department at Robertsons Solicitors highly enough.
Rhys represented me in a complex set of EHCP appeals involving EOTAS provision. The Local Authority did not meaningfully engage in the process leading up to Tribunal, and the cases were both legally intricate and emotionally demanding.
On the day of the Tribunal, the legal teams negotiated and agreed the substantive changes required to meet my children’s educational needs. These included provision outside of school (EOTAS) and emotionally safe and appropriate specialist transport
arrangements. The agreed plan was presented to the Judge and formally approved, with the Tribunal also ruling in our favour on the remaining disputed point.
The outcomes were excellent.
Throughout the process, Rhys was calm, strategic and highly knowledgeable. He demonstrated a clear understanding of EOTAS law and how to approach Local Authorities that are reluctant to engage. His preparation was meticulous, and he instructed an exceptional barrister who fully understood the nuances of the case and presented the arguments with clarity and authority.
He was also clear and realistic in his advice throughout, helping me understand both the legal position and the likely strategic approach at each stage. This made an enormously stressful process feel structured and manageable.
Equally important was the human aspect of the support provided. Managing multiple legal processes while caring for children with significant SEND needs is overwhelming. Rhys and his team were consistently responsive, steady and respectful. They listened, held space when things felt unmanageable, and kept the focus firmly on securing the right provision.
I would not hesitate to instruct Rhys again and confidently recommend him to any family navigating complex EHCP disputes”.
Contact us today to discuss how we can help you and your family.
