Advocating for your child

Special Educational Needs

by Veronika Kiss, Paralegal


In an ideal world, the process for ensuring that children with complex needs receive the education they are entitled to would be simple. Unfortunately, this is often not the case.

Parents often come to us frustrated that the Local Authority did not name their preferred school on their child’s Educational Health Care Plan (EHCP). It is important that parents know their rights when trying to advocate for their child’s school placement. Parents are entitled to request that a maintained school (either mainstream or special) is named in their child’s EHCP. The Local Authority must name the school of parental preference unless they can evidence that it is unsuitable. If there are no maintained schools that can meet their child’s needs, then the Local Authority must consider a request to name an independent special school.

The statutory deadline by which all Local Authorities must amend the EHCP to name a secondary school placement is by the 15th February in the year of secondary transition.

If you need support regarding your child’s special educational needs, please contact our expert SEN team today.