It is not now possible to get a ‘new’ Statement of Special Educational Needs (SEN). Children or young people entering the system will be issued with an Education, Health and Care Plan (EHCP).
Whilst no ‘new’ Statements can be issued, the deadline to convert all Statements to EHCP is April 2018. That means that issues regarding Statements will still develop until that time.
A child or young person should have a Statement if they have special educational needs and/or disability (SEND) which means that they require support beyond that available at a school or college.
The Statement should be set out in a particular format and contain the following:
Parts 2, 3 and 4 of the Statement can be appealed to the Special Educational Needs and Disability Tribunal (SENDIST).
The Statement must provide an accurate description of the child’s SEN. The provision must be sufficient to cater for those needs. The placement must be adequate to be able to host the provision.
There is a substantial amount of case law about the content of a Statement and how it should be drafted. This should all be considered when appealing the content of a Statement. This may also require further expert advice in the preparation of an appeal.
The SENDIST must receive the appeal form within two months of the date of a final Statement.
We can help you to prepare an appeal to the SENDIST, including compiling your evidence, seeking further evidence as necessary, and making written representations. We can also represent you at the final hearing should you need us to.
It is important to be able to present the case in such a way that the evidence that you have supports your case with reference to the law. We will provide clear and detailed advice, from the outset, about your prospects of success and any further evidence that may be required.
If you would like to discuss your case then please contact us at [email protected] or call 0800 884 0723 – our specialist SEN solicitors are here to help.
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