Education Law in Cardiff.

No — you can bring an appeal yourself, and many parents do. The tribunals are designed to be accessible, and you do not need a lawyer to take part. That said, appeals are won on evidence and on how clearly the case is put. A specialist solicitor can help you gather the right expert reports, prepare a working document setting out the provision in dispute, and present your case at the hearing — which can make a real difference to the outcome, particularly in complex cases. We are honest from the outset about whether an appeal is likely to succeed and where your time and money are best spent.

A request for an IDP can be made by a parent, a child who is considered capable of exercising their own rights, or a young person. Requests should be made in writing to the school if the child is in maintained education, or to the local authority if the child is educated otherwise than at school or is being home educated. The school or local authority must then decide whether the child has ALN and, if so, prepare an IDP. There is no prescribed form for a request — a clear written letter identifying the child and explaining the concerns about their learning is sufficient. If you are unsure whether your child has ALN, requesting an assessment is the first step. Schools also have a duty to identify ALN proactively — you do not always need to make a formal request.

When an allegation is made against a teacher or other member of school staff — whether by a pupil, parent, or colleague — the school must follow a specific process governed by statutory guidance. The allegation must be reported to the school's designated safeguarding lead, who must then refer it to the Local Authority Designated Officer (LADO) if it meets the threshold: that the person has behaved in a way that has harmed or may have harmed a child, possibly committed a criminal offence against a child, or behaved in a way that indicates they may pose a risk of harm to children. The LADO coordinates the response, which may involve a strategy discussion, referral to the police, a disciplinary investigation, or a combination. The process is designed to protect children while also ensuring fairness to the accused person.

A barring decision by the DBS places a person on the children's barred list or the adults' barred list, preventing them from working in regulated activity. Before making a barring decision, the DBS must give the person an opportunity to make representations — this is the critical stage at which specialist legal advice makes the most difference. Once a barring decision is made, it can only be reviewed after a minimum period of three years for those under 18 at the time of referral, or ten years for adults. An appeal against a barring decision can be made to the Upper Tribunal, but only on the grounds that the DBS made a legal error — not simply because the person disagrees with the decision. The grounds for appeal are narrow, which is why the representations stage is so important.

A school admissions appeal is a formal hearing before an independent panel that reviews a decision to refuse a child a place at a particular school. Every parent refused a school place has the right to appeal. Appeals can be made when a child is refused a place at a preferred school during the normal admissions round, when a parent applies for a place outside the normal round and is refused, or when an in-year application is turned down. The appeal panel is independent of the school and the local authority — it has the power to overturn the admissions authority's decision and direct that the child be admitted. Appeals are heard annually, with most taking place in May and June following the March offer day for primary and secondary school places.

An independent review panel (IRP) is a panel of three or five members — including a lay member, a headteacher, and a governor — that reviews a permanent exclusion decision in England following a governing body decision to uphold the exclusion. A request for an IRP must be made within 15 school days of the governing body's decision. The IRP can uphold the exclusion, recommend that the governing body reconsider, or quash the exclusion and direct reinstatement. The IRP cannot itself reinstate the pupil — it can only direct or recommend. If the IRP finds that the governing body acted unlawfully or irrationally, it can direct reconsideration. Taking legal advice before the IRP hearing — and being represented at it — significantly improves the chances of a successful outcome.

Wales operates a distinct education support system for children and young people with learning difficulties or disabilities — the Additional Learning Needs (ALN) system, introduced by the Additional Learning Needs and Education Tribunal (Wales) Act 2018. It replaced the previous Special Educational Needs framework in Wales and is separate from the SEN and EHCP system in England. The Welsh system uses different terminology — ALN rather than SEN, Individual Development Plans (IDPs) rather than EHCPs, and Additional Learning Provision (ALP) rather than special educational provision. The tribunal for Wales is the Education Tribunal for Wales (ETW). If your child is educated in Wales, the Welsh ALN system applies regardless of where you live.

In a standard admissions appeal, the panel carries out a two-stage balancing exercise. First, it considers whether the school is genuinely full — whether admitting an additional child would cause prejudice to the efficient education or use of resources at the school. If the school is full, the panel then weighs the prejudice to the school against the case for the individual child being admitted. If the case for the child outweighs the prejudice to the school, the appeal must be allowed. The stronger and more specific your reasons for needing this particular school, the more weight they carry in the balance. Understanding this exercise helps parents focus their appeal on the factors the panel will actually be weighing — not simply asserting that they want the school.