Principal: Satnam Virdi MA (Cantab)
Principal: Satnam Virdi MA (Cantab)
SEN Tribunal Appeals
We provide specialist legal advice to Local Authorities in defending special educational needs appeals, including Refusals to Assess, Refusals to Issue, disputes over Sections B, F, and I, Extended Appeals, and Upper Tribunal cases. We work across both the English and Welsh legal systems.
At SV Law, we specialise in advising and representing Local Authorities in defending all aspects of Special Educational Needs and Disability (SEND) Tribunal Appeals. 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.
Refusal to Assess and Refusal to Issue Plans
Local authorities must carefully determine whether to proceed with an Education, Health, and Care (EHC) needs assessment and, following an assessment, whether an EHC Plan is required. When a decision is made to refuse an assessment or decline to issue a plan following an assessment, parents have the right to appeal.
SV Law understands the complex factors at play in such an appeal, and has experience navigating the budgetary concerns of local authorities and educational settings alongside the complex statutory rules and guidance.
We support 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. Our legal team ensures that refusals are properly justified and are supported by the appropriate evidence at Tribunal.
Placement: Section I
Placement disputes are one of the most contentious areas of SEND Tribunal work, not least because of the high cost associated with increasingly popular independent and specialist placements. SV Law provides expert legal support to local authorities in such cases, demonstrating that the LA’s proposed school strikes the appropriate balance between meeting the child’s needs and making fair use of public funds.
Our team provides practical legal advice, ensuring that the local authority’s chosen placement is clearly evidenced as suitable and that any additional costs associated with a parental preference are fully scrutinised. We assist in highlighting where an independent setting would create an excessive financial burden without clear justification, and support schools in producing robust witness statements evidencing the suitability (or lack thereof) of their setting, helping to ensure that resources remain available to support all children with special educational needs.
Needs and Provisions: Sections B and F
Disputes over Sections B and F of an Education, Health, and Care Plan EHCP) focus on the child’s identified special educational needs and the provisions required to meet them. Parents may challenge the wording and scope of the detail in the plan, often seeking broader or more intensive provision than local authority professionals deem necessary, sometimes with the support of private reports.
We assist local authorities in ensuring that Sections B and F accurately reflect the child’s assessed needs and that the provision specified is appropriate, supported by professional opinions, and deliverable within available resources. Our team are well-versed in the working document process and have the experience to translate the views of educational psychology and other professionals into a legally and practically sound provision package.
Health and Social Care: Extended Appeals
Tribunal also have extended powers to make non-binding recommendations on the health and social care elements of an EHCP, attached to a Sections B, F, or I appeal. Our legal team have the broad range of practical experience and legal knowledge required to navigate such appeals and help to co-ordinate the multi-agency close working essential to manage such an appeal.
Upper Tribunal Appeals
When parties are unsuccessful at SEND Tribunal, it is possible for them to appeal the decision at the Upper Tribunal. SV Law have the knowledge and experience to deal with the more complicated procedure at Upper Tribunal level, and to make the appropriate submissions which ensure the best prospect of success at such appeals.
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