SEND Tribunal

[Allby]

Has anyone taken a school to SEND Tribunal?

If so, did you use a lawyer? Any recommendations for solid legal advice? I am in the South East (Kent) but happy for suggestions elsewhere in the country.

I would like to hear about your experience, I am currently not sure whether to pursue or not.

When you say take a school to a SEND Tribunal, do you mean for a disability discrimination case? Or do you mean go to Tribunal for a school to be named in section I - in which case the other party is the LA, not the school, and you should also appeal B&F.

IPSEA and SOSSEN are good starting points. Legal representation isn’t essential. Most don’t have representation. But if you want to, you could look at Lawstop, Watkins, Simpson Millar, HCB and Access to Public Law.

Thank you - it is a disability discrimination case (refusal to make adjustments for my autistic child).

Just checking because some people get confused and think appealing the EHCP is taking the school to Tribunal.

If you haven’t already seen it, the EHRC has some helpful information on their website. And the EASS has a helpline.

Thank you - I have. I think I just want someone to tell me I am not going mad and that the school is being discriminatory before I go any further.

Yes, many parents take SEND cases to tribunal — often without a lawyer, though some do use a specialist SEN solicitor or advocate. Free support like SENDIASS or IPSEA can also help you decide if it’s worth pursuing before paying for legal advice.

I don’t think anyone here is going to be able to comment on the strength of the case from so little information in this thread.

Be careful with SENDIASS. Some are good but too many repeat the LA’s unlawful policies.

I’ve been a witness in a claim for a disability discrimination case against my LA, and helped some parents with regard to their DC’s school. I am not an education professional; and I don’t work for a school or LA.

I wouldn’t trust SENDIASS either, in my LA anyway!