Latest News

DfE guidance on post-16 transport to education and training

The Department for Education (DfE) issued new post-16 transport guidance on 26 October for Local Authorities (LA). The guidance is, we suspect, as a response to problems that parents have voiced in recent months about problems with school/college transport...

Expanding the powers of the SEND First-tier Tribunal

On 26 October 2017 the Minister of State for Children and Families, Robert Goodwill, announced the expansion of powers of the SEND First-tier Tribunal (FTT). The changes will enable judges to make non-binding recommendations on the health and social care...

Boyes Turner Annual SEN conference 2017

“The second conference I have attended and they get better and better. Really useful.” “Really good – please make it a regular thing.” “Thank you for another excellent seminar.” Boyes Turner SEN team hosted...

Can home/school transport be included in an Education, Health and Care Plan?

It is well established that home to school transport cannot be considered a special educational need or special educational provision and cannot, therefore, be included in an EHCP. The recent case of Staffordshire County Council v JM [2016] UKUT 0246 (AAC)...

Local Authority's duty to consult over the summer break

We had an interesting enquiry recently about the local authority’s (LA) duty to seek advice over the summer holidays when it is drafting an  Education, Health and Care Plan (EHCP) . The enquiry referred to the ‘4-week rule’. What is...

SEN law update from leading legal professionals - 28 September 2017

To book your place at this event please  click here . This event is for case managers, independent therapists, schools and professionals advising young people and parents of children with special educational needs. It will provide information on the...

Amendments to EHCP not restricted to Sections B, F and I

LB of Hillingdon v SS and Others (SEN): [2017] UKUK 250 (AAC) A recent appeal to the Upper Tribunal (UT) sets out that the First-tier Tribunal (FTT) can make amendments to an Education, Health and Care Plan (EHCP) other than those in Sections B, F and I....

Clarity on the naming of independent/non-maintained placements on EHCPs

LB of Hillingdon v SS and Others (SEN): [2017] UKUK 250 (AAC) The Children and Families Act 2014 (CFA) introduced a system by which the Secretary of State can approve independent special and special post-16 placements to enable them to be requested to be...

Education for children following an acquired brain injury

When a child acquires a brain injury, they can present with a wide range of alterations in physical function, cognition, communication, social, emotion and behaviour regulation. The nature and severity of injury may also result in ongoing medical...

DfE statistics on the Special Educational Needs and Disability reforms - could do better?

The Department for Education (DfE) has released its 2016-2017 statistics looking at special educational needs and disabilities (SEND) (25 May 2017). The statistics include information on the progress of transferring Statements of SEN (SSENs) and learning...

Labour's manifesto for disabled people: Replacing the EHCP

Wading through the “sound bites” of election manifestos and general press coverage, there was one that caught my eye in particular. Labour released details of their separate mini manifesto specifically on disability policy,  “Nothing...

Education, Health and Care Plans for young people aged 19-25

Requesting an Education, Health and Care Needs assessment Young people who have Special Educational Needs (SEN) but do not have an Education, Health and Care Plan (EHCP) have the right to request an assessment of their SEN at any point before their 25th...

Appealing a decision by the First-tier Tribunal (FTT) - how far does the Tribunal have to explain the reasons for its decision? Clarity provided in ME v London Borough of Southwark [2017] UKUT 73 (AAC)

The Upper Tribunal (UT) in this case allowed an appeal against a decision of the FTT, finding that it had not fully explored the relationship between ss 33 and 39 of the Children and Families Act 2014 (CFA) and had not adequately explained how and why the...

MG v Cambridgeshire County Council (SEN) - [2017] UKUT 0172 (AAC)

An interesting case providing clarity on when an order of costs can be made. It is hoped that the decision will deter local authorities (LA) from prolonging appeals which should rightly be concluded swiftly because they have no prospect of a reasonable...

Amendments to Section E of an Education, Health & Care Plan (EHCP) - P v Worcestershire County Council (SEN) [2017] UKUT 92 (AAC)

The Upper Tribunal (UT) found that the First-tier Tribunal (FTT) had made an error in dismissing a young person’s appeal against the content of an EHCP without ordering amendments to make the Plan workable. The appeal concerned a young person,...

Another appeal exploring EHCPs and young adults - Gloucester County Council v EH (SEN) [2017] UKUT 85 (AAC)

This case concerns the obligation of local authorities (LA) in England under the Children and Families Act 2014 (CFA) in relation to young people (aged under 25 years and over compulsory school age and with special educational needs (SEN). The appeal In...

EHCPs - guidance from the Upper Tribunal about the EHC needs assessment and higher education

The Royal Borough of Kensington & Chelsea v GG (SEN) [2017] UKUT 141 (AAC) The case concerns an appeal by ‘G’ against the local authority’s (LA) decision to refuse to carry out an EHC needs assessment under s36 (3) Children and...

New SEN partner part of swathe of promotions at Boyes Turner

Laxmi  joined the firm in 2014 to establish a Special Educational Needs team at Boyes Turner, a welcome addition to the Claims group. The medical negligence, court of protection and now special educational needs teams all work to support babies and...

Down Syndrome: Planning education through to adulthood

It was International Down Syndrome awareness day on 21 March 2017. To help raise awareness, we are writing a series of articles about Down Syndrome and education. Today we are looking to education through to adulthood. In a week where Kathleen...

Further education for children and young adults with Down Syndrome

It is international Down syndrome awareness day on 21 March 2017. To help raise awareness, we are writing a series of articles about Down syndrome and education. Today we are discussing secondary and further education for children and young adults with Down...

Early years and Primary education - Down Syndrome Awareness week 2017

It is international Down syndrome awareness day on 21 March 2017. To help raise awareness, we are writing a series of articles about Down syndrome and education. Today we are exploring early years and primary school education for children with Down...

Down syndrome awareness week- Common educational characteristics

It is international Down syndrome awareness day on 21 March 2017.  To help raise awareness, we are writing a series of articles about Down syndrome and education. Today we are looking at the common educational characteristics of a child with Down...

Down syndrome awareness week - A brief history

It is international Down syndrome awareness day on 21 March 2017.  To help raise awareness, we are writing a series of articles about Down syndrome and education. Children with Down syndrome were not always entitled to an education. We are looking back...

Inclusive teaching and learning in higher education

Once a young adult turns 18 they are no longer legally required to participate in education.  However, the Education, Health and Care Plan  (EHCP)  can now provide support to young adults until they are 25 years old provided their learning...

Parents to blame for misdiagnosis of special educational needs?

So says the findings of a GL Assessment report out today, 24 February 2017, ‘Hooked on labels not on needs’. The survey polled 810 teachers from 19 January to 1 February 2017. In summary, the findings are: 57% of teachers in the survey think...

Personal budgets for education and social care

Personal budgets and direct payments are a way that individuals can manage their own care and support. There is an increasing drive by the government in recent years to promote it. It has been around in social care for a while but is relatively new in the...

Review of residential special schools and colleges

The Minister for Vulnerable Children and Families Edward Timpson Department for Education (DfE) is commissioning a review to investigate the experiences and outcomes of children and young people (CYP) in residential special schools and colleges. Dame...

The truth about SEN School Transport

Over the last few years, there have been regular news articles about cuts to school transport. This has taken the form of reducing number of school buses, terminating services entirely and increasing the amount parents have been asked to contribute. ...

House of Commons Briefing on the Special Educational Needs and Disability (SEND) Reforms

The House of Commons Library briefing published on 10 November 2016 sets out information on the impact of the changes for children with special educational needs and disabilities brought about by the Children and Families Act 2014. For those who want to...

Westminster Education Forum 2016

On the 3 rd  November  Laxmi Patel , Head of Education at Boyes Turner, was invited to be a guest speaker at the Westminster Education Forum in London. The Westminster Education Forum is an opportunity for interested parties across the Education...

School exclusions and Special Educational Needs

Pupils who have special educational needs (SEN) support, including those children with  Education, Heath and Care Plans  (EHCP), have the highest exclusion rate in the UK. The Department for Education found that children with SEN are over 7 times...

What happens when parents disagree with each other about school placement?

The appeal of  S-G v Denbighshire County Council and another  has, for the first time, considered how special educational needs tribunals should handle a case where parents do not agree with one another about school placement. This judgement...

Great Scott! Another SEND review report...

Lee Scott was asked in March 2016 by the previous Education Secretary, Nicky Morgan, to look into the special educational needs and disability (SEND) changes brought about by the Children and Families Act 2014. Mr Scott was the former Prime Minister’s...

A night with Dingley's Promise

Earlier this month Boyes Turner’s special educational needs (SEN) specialists were kindly invited to attend an event celebrating local charity  Dingley’s Promise . Dingley’s Promise is a registered not for profit charity with a...

Boyes Turner Annual SEN conference 2016

Boyes Turner SEN team hosted their annual conference on 20 October 2016. Laxmi Patel , Head of Education at Boyes Turner, gave us top tips and guidance on how to complete an Educational Health and Care Plan  (EHCP)  and provided real examples...

Dyslexia Awareness Week 2016 - Living with dyslexia

What do Winston Churchill, Agatha Christie, Richard Branson and Jamie Oliver have in common? All of these successful celebrities were diagnosed with  dyslexia ! Dyslexia Action reports that one in 10 people are dyslexic, more than 6.3 million people...

Dyslexia Awareness Week 2016 - What are the benefits of a SEN school?

Choosing a new school for your child can be one of the most stressful decisions you will have to make as a parent. But for parents with children who have special educational needs, this decision becomes even more challenging. It is a question of suitability...

Dyslexia Awareness Week 2016 - Children who require an EHCP for dyslexia

All state schools are required by law (Equality Act 2010) to ensure that special help is provided for children with special educational needs, such as dyslexia. This often includes additional one- to-one support with a Teaching Assistant or additional time...

Dyslexia Awareness Week 2016 - How do you identify dyslexia?

Dyslexia  is a developmental disability which means you are born with this disability. Despite this, a diagnosis of dyslexia is often not reached until the child is at school and is seen to struggle in comparison with their peers, explaining why it is...

Dyslexia Awareness Week 2016

As special educational needs specialists we often meet clients who have been diagnosed with dyslexia and see how challenging this disability can be in day to day life.  But what many people do not realise is that one in 10 people struggle with dyslexia...

Changes to the Tribunal appeals

The Special Educational Needs and Disability Tribunal (SENDIST) has brought in new changes to the tribunal appeals process. The changes were brought in from 1 August 2016 and have not been widely publicised. The tribunal’s website will be changed in...

When is an Education Health and Care Plan (EHCP) necessary?

The judgment of the Upper Tribunal in  Hertfordshire County Council v MC and KC (SEN) (Special educational needs : Failure to make a statement)  has been released. This case the question of when an EHCP is necessary. This case is an appeal...

No hours, just banding, in an EHCP

Over the weekend, we received  this flyer  from a concerned parent via Facebook. The parent asked us whether what the local authority was proposing was lawful. The flyer “SEN Banding Information Sessions” poses the question;...

Are we now seeing the reality of the SEND reforms?

We are approaching the end of the academic year. This is normally a busy time for education lawyers, particularly those of us who specialise in special educational needs. This year, however, has been the most hectic I have experienced in nearly 10 years...

Special educational needs (SEN) funding - How does it work?

We’ve been asked to clarify how special educational needs funding (SEN funding) is handled in schools. We are told that some local authorities (LAs) are ‘deducting’ the first £10,000 and others are ‘deducting’ the...

Clarity from the Upper Tribunal about young people and EHCPs

The Children and Families Act 2014 created a new system of support for children and young people with special educational needs and disabilities (SEND). Two of the many changes made were: Extending SEND support to the age of 25; Creating the...

Learning difficulty assessments (LDAs) - Your questions answered

Over recent weeks we have experienced an increase in enquiries from concerned parents and young people who (1) will be moving on to further education in September or (2) are already in further education but where they have been told that continued funding...

Special educational needs statistics are released by Department of Education

The Department for Education (DfE) has issued its first set of special educational needs statistics following the changes brought about by the Children and Families Act 2014. The information published on 26 May 2016 is currently the only national source...

Helping families of disabled young people to face the future - The Transition Event 2016

Our special educational needs team will be attending the Transition Event on Thursday 26th May 2016 at the National Motorcycle Museum, Birmingham. Support for young people with disabilities into adulthood Celebrating its 10 th  anniversary, the...

SEN law changes in Wales - a Special Educational Needs solicitor's view

We have been asked for our views on the proposed SEN law changes in Wales. This is what we think. SEN law in Wales is changing. The proposed changes are, in some ways, similar to the changes following from the Children and Families Act 2014 in England,...
  • Page 1 of 4

I am so happy at the outcome, I don't think we would have had such a comprehensive service from any other law firm, and you took the worry away...I do not regret a single second of the whole process, apart from the bit before you got involved. 

James' mother, Boyes Turner client

How can we help?

Please get in touch 0800 029 4802

Or we are happy to call you back at a time that suits you

Office open Mon - Fri: 08:30 - 18:00

We are here to help

For more information or to speak to one of our experts, please call 0800 029 4802