At Paris Smith LLP, we advise parents, schools and Academies on education law. We have particular expertise in the following areas:

Special Educational Needs (SEN)

We advise parents seeking to obtain a SEN statement for their child. We can help with the form and content of the so called “Local Offer” and who can request an EHC Needs Assessment. There are several key deadlines and time limits which we can also draw your attention to. For example, the decision to secure or make an EHC Plan or not to must usually be made within 16 weeks from the date of assessment request.

We also advise schools and Academies as to their legal obligations under various statutes and legislation.

In short, we can help you:

• understand a Local Authorities duties and obligations to assess a child or young person’s education, health and care needs where they may have SEN and they may need special educational provision to be made for them at a level or of a kind which requires an assessment of a child or young person’s education, health and care needs
• challenge the contents of your child’s statement of special education needs or Education and Health Care (EHC) plan to the Special Educational Needs and Disability (SEND) tribunal
• respond to a Local Authority (LA) when presented with an EHC Plan or decision
• when there is a transfer of an EHC from one LA to another
• with any review or reassessment matters
• prepare for a mediation or appeal process
• challenge the failure of a school and/or the LA to provide special educational needs

 Admissions

We advise parents applying to get their children into their school of choice. We provide advice surrounding the overall admissions process, including the criteria a school must consider when admitting students. We can take parents through the stages to this decision making process. If parents want to challenge this process, then we can also advise parents how to appeal and on what grounds.

In short, we can help you:

• understand the entire admissions process, from start to appeal
• consider the Published Admission Number and Net Capacity Statement
• challenge the criteria used by a school or Academy for admitting students
• through the stages of an Infant Class Size Appeal
• get admission to a school or nursery after your child has been denied a place
• if you are considering a deferred entry for your child and the school requirements
• after your child was refused entry to a school or college that can meet their special educational needs, as well as challenging funding decisions

Exclusions

We have experience in advising schools and Academies when considering excluding a student. We also advise parents who are seeking advice when their child is at risk of or has been excluded for a fixed or period duration.

In short, we can help you:

• understand the powers of a Head Teacher and on what grounds a pupil can be excluded
• understand the periods a pupil can be excluded for
• consider the process that the school must follow before excluding a pupil
• become aware of any discriminatory issues surrounding an exclusion by a school or college
• understand what parents, Governing Body and Local Authority should be notified of
• approach and deal with post-exclusion matters
• consider an Independent Review of the exclusion
• appeal after your child was excluded from school or college, or if your child has been unlawfully excluded
• arrange an alternative placement following an exclusion from school

Please refer to our Education web page for further information on the comprehensive education law service we provide. If you have any questions or would like to come in for a face to face meeting, please do contact myself or one of the team.