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SEN Tribunal Appeals

From refusals to assess to extended appeals, our team is well-placed to handle the full range of SENDIST appeal types.

Our legal team has a long record of representing local authorities across England and Wales, with a breadth of knowledge that combines in-house experience of local authority operations with the technical expertise to handle legally complex cases.

Our expertise

Local Authorities must make careful, evidence-based decisions about whether to proceed with an Education, Health and Care needs assessment (EHCNA) and, following an assessment, whether to issue an EHCP.

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SV Law supports local authorities in defending these decisions, often by demonstrating that the child or young person’s needs can be met through existing educational provision and notional budgets without further statutory support, and presenting their case clearly before the Tribunal

Placement disputes (Section I) form an increasingly complex area of SEND Tribunal work, particularly because of the high cost associated with increasingly popular independent and specialist placements. SV Law advises Local Authorities in such cases, demonstrating that their named school is able to meet a child’s needs while make a fair use of public funds.

 

Our team provides practical legal advice, working to ensure a chosen placement is suitable and that any additional costs associated with a parental preference are properly reviewed. Where an independent setting would create an excessive financial burden without clear justification, we support schools in producing robust witness statements evidencing the suitability (or lack thereof) of their setting, ensuring that resources remain available to support all children with special educational needs.

Disputes over Sections, B and F of Education, Health Care Plan (EHCP) focus on the child or young person’s identified special educational needs and the provision required to meet them. SV Law supports local authorities in ensuring that EHCPs are accurate, evidence-based and practically deliverable.

Our team is well-versed in the working document process and has extensive experience working with Educational Psychologists, Schools and other professionals to help translate professional evidence into clear, lawful and workable provision packages.

The SEND Tribunal can make non-binding recommendations about the Health and Social Care elements of EHCP, in Sections B, F or I appeals.

 

Our team have the broad range of practical experience and legal knowledge requires to navigate such appeals and help to co-ordinate the multi-agency close working essential to manage such an appeal.

Where parties are unsuccessful at SEND Tribunal, it is possible for them to appeal the decision to the Upper Tribunal.

 

The SV Law team is experienced at advising on the prospects, procedure, and submissions required. We help clients identify errors of law, respond to permission applications and prepare clear, focussed arguments

What our clients say

"

Satnam Virdi and his firm have always been diligent and professional, and offered expert advice around complex education legal issues and regulations. I have found Satnam Virdi very personable and professional, always meeting timescales and deadlines as required and ensuring he is personally available for meetings or phone conferences as required."

Read more about our clients 

Get in touch

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Satnam Virdi
svirdi@sv-law.co.uk

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