As children across England & Wales prepare to return to school, for many families the new academic year brings excitement, new routines and a fresh start.
But for families of children with additional learning needs (ALN) or special educational needs (SEN), the return to school can also bring anxiety, especially if there are concerns that a mainstream school cannot provide the support their child needs.
For some children, their needs can be so complex that the environment or provision available in a mainstream setting simply isn’t working for them.
This can result in children struggling to attend school, falling behind in their education or not receiving the support and provision they need.
Rhys Palmer, Associate Director and Education Law specialist at Robertsons Solicitors, says families do have options when the education their child is receiving isn’t meeting their needs.
When a school placement isn’t working
A local authority or school may believe that a mainstream setting can meet a child’s needs. But, as Rhys and the Education Law team see through the enquiries and cases they handle, the reality for the child and their family can sometimes be very different.
Rhys said:
“A mainstream setting may be considered capable of meeting a child’s needs, but those needs can be so complex that the reality is very different.
“This can result in non-attendance, a young person falling behind and, in some cases, not receiving the education or provision they are entitled to through their IDP or EHCP.”
For parents, it can be difficult to know whether the problems their child is experiencing are something they need to give more time or evidence that the current arrangements simply aren’t appropriate.
Persistent difficulties attending school, increasing distress around education, a child falling behind or agreed support not being delivered can all be reasons for parents to look more closely at whether their child’s needs are being met.
What should parents check as their child returns to school?
The start of a new academic year is a useful opportunity for parents to look again at the support their child should be receiving.
For children with an Individual Development Plan (IDP) in Wales or an Education, Health and Care Plan (EHCP) in England, parents may want to consider whether the plan still accurately reflects their child’s needs and whether the provision set out within it is actually being delivered.
Questions to consider could include:
- Does the plan accurately reflect my child’s current needs?
- Does the plan include provisions that mirror and meet the child’s needs?
- Is the support and provision set out in the plan being provided?
- Is the current educational setting suitable and able to deliver that support?
- Have changes in my child’s needs or circumstances been properly reflected?
- Is my child able to access their education consistently?
Where parents have concerns, Rhys advises against simply assuming that nothing can be done.
If you believe your child’s IDP or EHCP needs to change, you can ask for it to be reviewed and amended. Rhys recommends:
- Writing to the local authority to request a review and clearly setting out the specific amendments you believe are needed.
- Providing supporting evidence, such as recent assessments, school reports, input from therapists and attendance information.
- Being specific about your child’s needs and the provision required, including, where relevant, how often support is needed, for how long and who should provide it.
- Asking for a response and clear timescales for the review.
- Considering an appeal if appropriate if the requested amendments are refused or the resulting plan remains inadequate. In England, appeals are made to the SEND Tribunal; in Wales, they are made to the Education Tribunal for Wales (ETW).
What if mainstream school isn’t the right option?
For some children with particularly complex needs, education within a traditional school setting may not be appropriate.
One option that may be considered in certain circumstances is Education Other Than At School (EOTAS). EOTAS provides education outside a school where, for an individual child, it would be inappropriate for special educational provision to be made in a school. Packages can include tuition at home or centres, therapies, mentoring, outreach, and specialist input matched to the plan.
A successful EOTAS appeal for two siblings
The difference the right educational provision can make is demonstrated by a recent case handled by Robertsons’ Education Law team.
The team represented a family with two siblings who both had complex special educational needs and Education, Health and Care Plans.
The children had struggled to access education successfully within traditional school settings. One had been out of formal education for more than two years, while the other had experienced a series of unsuccessful placements and significant difficulties engaging with education.
Robertsons supported the family through two complex EHCP appeals, seeking EOTAS provision tailored to each child’s individual needs.
The cases involved extensive evidence, negotiations with the local authority and a Tribunal hearing. Ultimately, EOTAS provision was secured for both children, together with specialist transport arrangements and changes to their EHCPs.
The parent later described the process as “intimidating and overwhelming” before contacting Robertsons, but said the team’s support made it feel “structured and manageable.” They described the outcomes as “excellent” and said the children’s educational needs were finally properly reflected and supported.
For Rhys, cases such as this demonstrate why parents shouldn’t necessarily accept that an arrangement is working simply because they have been told it should.
“Parents are often trying to navigate a complex system and trusting that what is happening is right. But when specialist advice is sought and decisions are challenged where appropriate, the outcome can have a significant impact on a young person’s life.”
What can parents do if they are concerned?
If you are worried that your child’s educational setting isn’t meeting their needs, the first step is to understand exactly what support they should be receiving and where the gap lies between what has been agreed and what is happening in practice.
If the IDP or EHCP does not reflect the needs, provisions and school that your child requires, then you should ask for the plan to be reviewed and amended – including reasons and evidence why EOTAS provision is required. Whether EOTAS is suitable depends on statutory tests and evidence that appropriate special educational provision cannot reasonably be made in a school for the individual child. Robust professional evidence is crucial.
When should parents seek legal advice?
Education law can be complex, and the routes available to families differ depending on where they live, the type of plan their child has and the decision or provision being challenged.
Parents don’t necessarily need to wait until a situation has reached crisis point before seeking specialist advice.
If support or provision set out in a child’s IDP or EHCP is not being delivered, there may be legal steps that can be taken to challenge this. In some circumstances, this can include urgent action and potentially judicial review, although the appropriate route will depend on the individual case.
Seeking advice at an early stage can help parents understand their child’s rights, the responsibilities of schools and local authorities, and the options available before difficulties escalate.
Rhys and Robertsons’ specialist Education Law team support families across England and Wales with issues including additional and special educational needs, IDPs and EHCPs, disputes over educational provision, disability discrimination and school exclusions.
If you are concerned that your child’s educational needs aren’t being met, contact Robertsons’ Education Law team to discuss your circumstances and understand the options available to you.