Legal Advice
Legal advice and support
Families of children and young people with special educational needs and disabilities (SEND) may need legal support, advice and representation to ensure that their child gets the quality of education and support most suited to their needs and requirements.
You may be seeking support with an appeal, or other advice about the responsibilities of a school or local authority. This page signposts some of the local and national resources that may help, including fee-paying, pro bono and legal aid services, advocacy services, help and advice lines, and information that may help you to understand the Special Educational Needs system and advocate for yourself in and out of the tribunal. These are by no means recommendations, but a starting point to help you seek the information you may need.
You will also find helpful information in our own tribunals explainer (link).
Legal Aid Options
Eligibility
Eligibility
If you qualify for Legal Aid, you will be able to access Legal Help with your tribunal case. This includes support from a legal professional to prepare the case, including gathering and compiling evidence and writing submissions – and you may also be able to obtain funding for any additional evidence needed such as reports from independent experts. Note that Legal Help does not include representation at the tribunal hearing, although further funding can sometimes be secured for this in exceptional circumstances.
You must meet both the income and capital criteria for Civil Legal Aid:
Income:
- If your monthly gross income is less than £2,657 (allowable deductions apply for dependents and the figure is higher for families with more than four children); or
- You are in receipt of certain means-tested benefits including Income Support, income-related Job Seeker’s Allowance, Employment and Support Allowance, Guarantee Credit or Universal Credit
Capital
- Your disposable capital (savings and property) is less than £8,000.
- Note that if you own your house, the value of the house counts as ‘capital’. However, if your house is mortgaged, up to £100,000 can be deducted from the value of the house.
You can check your eligibility for legal aid via the government legal aid calculator and then receive support from Civil Legal Advice (CLA), or choose a legal aid firm with Special Educational Needs expertise and they will carry out the legal aid check for you.
Coram Children’s Legal Centre
Coram Children’s Legal Centre
This legal centre, part of the Coram group of children’s charities, provides private client and Legal Aid services for education law. They also accept referrals from the government’s Civil Legal Advice service.
Law Society Directory
Law Society Directory
https://solicitors.lawsociety.org.uk/?Pro=True
You can use this directory to search for lawyers in your area that accept legal aid and may be able to assist with a SEND tribunal case. Select “education” under area of practice. Click “more search options” at the bottom right of the box, and under “access” options select “Accepts Legal Aid”.
Free/affordable advice and support if you can’t get Legal Aid
National Autism Society
National Autism Society
This charity has a general education rights helpline and a tribunal support helpline. It also maintains a directory where you can search for lawyers and advocates.
Independent Parental Special Education Advice (IPSEA)
Independent Parental Special Education Advice (IPSEA)
This charity provides FREE ‘independent legally based advice and support for the families of children with SEN and/or disability.’ For further information please visit the IPSEA website.
IPSEA has a range of helplines, advice lines and an information service – including a Tribunal Helpline. It has a Tribunal Support Service that takes referrals from the Tribunal Helpline where a caller meets their criteria for further support and casework.
IPSEA’s resources include information about making appeals to the SEND Tribunal. This includes a ‘refusal to assess’ information pack for appealing refusals to carry out an EHC needs assessment.
Additionally, IPSEA provide online and in-house training for parents/carers, professionals and organisations working with children and young people with Special Educational Needs and/or Disabilities (SEND.)
SOS!SEN
SOS!SEN
SOS!SEN provide FREE information, advice and support with legal issues and procedures. These include a free telephone helpline, an in-person drop in service and information sheets.
Information sheets include; LEGAL AID SINCE 1ST APRIL 2013, Appeal against refusal to assess for an EHCP (Where limited evidence is available).
For a suggested donation (around £150 for two hours), the charity offers assistance with drafting tribunal documents and checking and advising on the quality of an EHC Plan.
Child Law Advice
Child Law Advice
Another part of the Coram Group, this charity offers free initial legal advice over email, a free legal helpline and a fee-paying callback service (£25 for ½ hour) – you can find links and more details about these services here.
Their website also provides detailed information and guidance about many areas of SEND law and policy as well as tribunal procedures.
LawWorks
LawWorks
This charity provides free legal advice to individuals or not-for-profit organisations that are not eligible for Legal Aid and are on a low income. LawWorks provide ‘pro bono’ legal advice to all those that qualify. Please visit the legal advice for individuals section on the LawWorks website to learn about various services available. To search for legal advice clinics near you please click here.
Queen Mary University SEND Advice Clinic
Queen Mary University London
QMUL runs a pro-bono advice clinic for SEND and School Exclusion issues, including support with tribunal appeals.
Paid advocacy services
In some cases, advocacy services can be a cost-effective way to obtain advice, support and guidance during your SEND tribunal case. The following advocacy services are very experienced in SEND law and cases:
The Advocacy and Mediation Consultants Ltd
The Advocacy and Mediation Consultants Ltd
Education Advocacy
Education Advocacy
