The process of finding out that their child requires extra educational support needs is often an emotionally difficult time for parents. Many report feelings of relief that their suspicions or concerns were well-founded. Others report feelings of anxiety, panic and concern about receiving official diagnoses, and coming to terms with a potential disability.
Amidst this period of emotional adjustment, parents also find themselves coping with the practicalities of ensuring that their child is receiving all the extra support that they are entitled to. This can be extremely daunting and challenging, as the procedures and systems involved can be complex and often seemingly unresponsive. Many parents, particularly of children with high support needs, report that the system seems to be impassable without legal aid from professionals who understand the procedures inside out. Unfortunately, this usually comes with a high financial cost.
The Parent Partnership Services, part of the National Parent Partnership Network, are “statutory services offering information advice and support to parents and carers of children and young people with special educational needs (SEN)”. They have bases throughout the country and can provide free, impartial, confidential support to parents. Their website states that PPS can help with:
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How special educational needs are identified and assessed by schools and the Local Authority (LA)
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Who parents can talk to in a school or LA about their concerns
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The SEN Code of Practice, the statutory assessment process and statements
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Parents/carers rights and responsibilities
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Meetings and reviews about a child’s needs
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How progress is monitored and reviewed
What parents can do if they are not happy with a decision made about their child’s SENFor help with navigating the legal side of the system, IPSEA (Independent Parental Special Education Advice) can be of great benefit. IPSEA is a “national charity providing free legally based advice to families who have children with special educational needs”. They provide comprehensive advice on their website for common problems faced by parents during the assessment/statement process. The website also provides advice on how to complain, and if parents are facing exclusion or refusal to assess.
Parents can call IPSEA’s two advice lines – General Advice and Tribunal Help. The General Advice line provides support for “problems with schools; requesting statutory assessment; proposed statements; annual reviews; possible disability discrimination; exclusion from school”. The Tribunal Help line provides “next-step advice on SEN appeals and disability discrimination claims to the Special Educational Needs and Disability Tribunal”.
Another option is Education Advocacy, “a fee paying advocacy service with national coverage that helps parents ofchildren with Special Educational Needs obtain appropriate special educational provision”. They provide a similar service to both PPS and IPSEA. This is not a free service, but their website details their fees and terms explicitly. It also provides fact sheets for ‘Finding A Solicitor Who Has Experience of Education Law’, and ‘Accessing Legal Help/Legal Aid’.
Legal Aid can help some families cover expenses, but not all. Community Legal Advice has a Legal Aid calculator on their website that may help you establish whether you meet their criteria for providing support (http://www.communitylegaladvice.org.uk/en/legalaid/calculator.jsp), although it is better to contact them directly as it acts primarily as a guide.
I.T.S.’ Director, Sarah Davis, can be of great help. Sarah is highly knowledgeable about the educational and health statutory systems, including that of statementing and NHS referral routes. She is also trained as an expert witness for SEN and Litigation claims, so that she is able to provide advice in this area as well. She can be reached here: https://integratedtreatmentservices.co.uk/contact-us/
Further Information:
Community Legal Advice – http://www.communitylegaladvice.org.uk/gateway/education.jsp?rid=5471
Education Advocacy – http://www.educationadvocacy.co.uk/
IPSEA (Independent Parental Special Education Advice) – http://www.ipsea.org.uk/
Parent Partnership Services – http://www.parentpartnership.org.uk/
Sarah Bennington – September 2010
Written on behalf of Integrated Treatment Services. ITS is a private Speech and Language Therapy service based in Leicestershire and the East Midlands . It specialises in providing highly-skilled Speech and Language Therapists, but also associates with other therapeutic professionals, including Occupational Therapists, Physiotherapists, Psychologists and Arts Therapists.
