Education Law.
Education law solicitors for students, parents and families across South Wales and the South West. Clear, determined help with university appeals, school disputes and support for children with additional needs, challenging decisions wherever education goes wrong.
Education Law Solicitors
Education law covers far more than special educational needs, it’s about challenging unfair decisions made by schools, colleges, universities and local authorities, at any stage of education. Our education law solicitors help students, parents and families across South Wales and the South West to understand their rights and put things right when an institution gets it wrong. That ranges from university academic appeals and disciplinary cases to school exclusions, admissions appeals, and support for children with additional needs. Whatever you’re facing, we’ll explain where you stand and take on as much or as little as you need.
For university students, what’s at stake can be a degree, a career or a professional future. We advise on academic appeals, allegations of academic misconduct, disciplinary and fitness-to-practise proceedings, and complaints involving discrimination, harassment or the Office of the Independent Adjudicator. Higher education runs by its own rules and tight internal deadlines, and many students don’t realise that help is available, so the sooner you take advice, the more can usually be done.
In schools, we act for parents challenging exclusions, appealing admissions decisions, raising concerns about bullying, and resolving disputes with private schools. And for children with additional learning or special educational needs, we help families secure the right support and challenge decisions about it. Because we work across both Wales and England, we understand both additional learning needs systems and the differences between them, which the guide below sets out.
From the first conversation we’ll give you a clear, honest view of your position and the best way forward, and we’ll set out how the work would be funded before anything begins. These cases are rarely just about paperwork, they affect a child’s schooling or a young person’s future, and the deadlines are often tight. If a school, college or authority has made a decision you believe is wrong, the sooner you take advice, the more can usually be done about it.
Wales or England — which system applies to your child?
The rules are different on each side of the border. Here’s how the two systems compare, so you know which one applies and what the terms mean.
| England | Wales | |
|---|---|---|
| What additional support is called | Special Educational Needs (SEN) | Additional Learning Needs (ALN) |
| The support plan | Education, Health and Care Plan (EHCP) | Individual Development Plan (IDP) |
| The law behind it | Children and Families Act 2014 | Additional Learning Needs and Education Tribunal (Wales) Act 2018 |
| Where you appeal | First-tier Tribunal (SEND) | Education Tribunal for Wales |
| Which applies to you | If your child attends school in England | If your child attends school in Wales |
England
Wales
If your child has recently moved between Wales and England, or you’re not sure which system applies, we can help you work it out. The systems use different names and processes, but in both you have the right to challenge decisions about your child’s support.
Specialist education law
Find the area most relevant to your situation below.
ALN & Individual Development Plans
Additional Learning Needs in Wales — Individual Development Plans (IDPs), annual reviews and the Education Tribunal for Wales.
Learn more →School Admissions Appeals
Appealing where a child has not been offered a preferred school place.
Learn more →School Exclusions
Challenging fixed-term and permanent exclusions — governor panels and the Independent Review Panel.
Learn more →SEN & EHC Plans (England)
Special Educational Needs in England — EHC needs assessments, EHC Plans and the First-tier Tribunal (SEND).
Learn more →Tribunal Appeals & Judicial Review
Challenging decisions — Education Tribunal appeals (Wales and England) and judicial review of local authority or school decisions.
Learn more →University & Student Disputes
For university students — academic misconduct, academic appeals, fitness to practise proceedings and complaints to the OIA.
Learn more →Free tools for education law
Quick, free and private. Get an instant indication, then talk it through with us.
"Professional and always on hand to take your calls. Nothing is too much trouble and keen to get things moving. Would highly recommend."
Client testimonialHow we work on education law
Parents and students often come to us feeling outmatched by a school, colleges, local authorities and universities. So our job is to even things up, to explain your rights clearly, and to be honest about the strongest way forward. We act for families, and we know how tight the deadlines can be.
- A clear explanation of your child's rights, and what the authority must do
- Honest advice on your position and the best route, from the first conversation
- Knowledge of both the Welsh (ALN) and English (SEN/EHCP) systems
- Backed by the wider firm, family and dispute resolution expertise when your matter needs it
Who would be looking after you?
Some of your education law specialists, supported by the wider Robertsons team.
Dannielle Howard
Dannielle works in the Education Law department at Robertsons Solicitors, supporting clients on school exclusions, admissions appeals and special educational needs matters. She helped develop the firm's Education Law team alongside Rhys Palmer and was shortlisted for "Legal Assistant of the Year" at the 2023 Wales Legal Awards.
View profileFfion Davies
Ffion is an Education Law Executive. She supports clients through university and school matters, with a particular interest in SEN and ALN cases, working alongside the department's solicitors to help secure positive outcomes for children, families and students.
View profileRhys Palmer
Rhys is Associate Director in the Education Law team. He specialises in SEND and EHCP appeals, school exclusions and admissions, and disputes involving university students, acting for families and students across England and Wales. A recognised voice on education law, he has been quoted by national media including The Independent and Times Higher Education on student rights and university accountability.
View profileReal stories from real clients
“I cannot recommend Rhys Palmer and the Education Law team highly enough. Rhys represented me in a complex set of EHCP appeals involving EOTAS provision, and the outcomes were excellent.”C Ward EHCP appeals
“Rhys Palmer was amazing and covered every angle of my case. He uncovered the flaws in the university's approach that led to my full exoneration from allegations of academic misconduct using AI.”A S Academic misconduct
“My experience with Robertsons Solicitors was very effective. They were prompt and informative when I asked questions and helped me navigate what was a difficult process with skill and dexterity.”Sam Benson Academic appeal
What makes us different?
Independent since 1903
Over a century advising families across Wales, and still independent today.
Both systems, under one roof
We work across Wales and England, so we understand the ALN and SEN/EHCP systems and the differences between them.
On your side
We act for students, parents and families, and our job is to even things up with the school, university or local authority.
What do clients ask us most often?
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.
Find out about Tribunal Appeals & Judicial Review →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.
Find out about ALN & Individual Development Plans →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.
Find out about School Admissions Appeals →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.
Find out about School Exclusions →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.
Find out about ALN & Individual Development Plans →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.
Find out about School Admissions Appeals →Didn't find what you were looking for? Speak to one of our education law specialists directly.
Practical advice you can read at your own pace
Plain-English guides and articles from our education law team.
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Across South Wales and the South West
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029 2023 7777
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