A blog from Sunshine Support Legal Advisor and Advocate Jessica Ward:
The SEND world can be extremely daunting for parents, it can invite stress, isolation and a significant amount of confusion. In a perfect world, the public bodies who are involved in our children’s education and care would be there to offer support whenever needed, ensure all the necessary deadlines are met and apply reasonable adjustments for our children without question.
Sadly, this is not the case.
Parents spend hour upon hour chasing Local Authorities for answers, questioning schools on their actions and throughout all of this, in most cases, the child is missing out on education or the support they need to feel safe and secure.
When parents feel like they are at the end of their tether, they have nothing else to give and all hope is gone, we know that it feel like the hardest place in the world to be. However, there are always solutions. There is always something that can be done.
Let’s face it, SEND parents have more than enough going on without adding these battles in too:
What action you can take
At a time when a Local Authority or a school fail your child, a Pre-Action Protocol (PAP) Letter could be the answer. Whilst a PAP letter may not be the solution in all cases, our team of Advocates and Legal Advisors are here to help you when it is.
A PAP letter can threaten legal action against a Local Authority when they have failed to do a multitude of things, including:
- Missing Deadlines – this includes during the EHC Needs Assessment Process, Annual Reviews, Phase Transfers.
- Section 19 – failure to provide interim education. If your child is not accessing a suitable, full-time education, then this step could be the answer.
- Section 42 – failure to implement the provision in an EHCP. Whilst you may think this is the school’s duty, it ultimately lies with the Local Authority.
- Transport – if there has been an error in your decision, then this is a possible PAP
This infographic gives some more examples:
PAPs are not just for Local Authorities
Schools can also be answerable to Judicial Reviews for a number of things as outlined below:
- Exclusions – if your child has been excluded for more than 15 days in a term, or 45 days in an academic year.
- Use of isolation booths – the use of these booths are deemed to be an internal exclusion if used for the wrong reasons.
This information is not documented by Local Authorities because they do not want parents to take these steps, but you have a legal right to take such action to ensure that your child is given the education that they need. No parent should be required to spend months chasing anyone for support for their child. There is no excuse that is reasonable for a Local Authority or a School failing a child in their education.
Whilst taking such action can feel daunting, it can be extremely effective and can get you the results you need.
The thought of Court and Barristers can be scary, and this is something that we understand at Sunshine Support, but holding a Local Authority or a School accountable and helping you to get your child the support they need is something that we are extremely passionate about.
If you think that any of this resonates with you, do reach out to us and we can support you.
Full details of how we can support you can be found here: https://sunshine-support.org/advice-and-support/
Jessica Ward is a Sunshine Support Advocate and Legal Adviser. She’s been with Sunshine since August 2023 and prior to that has worked in a number of law firms, and has a number of years’ experience in SEND Law. Her specialisms are Pre-Action Protocol Letters, SEND Appeals and supporting parents of children who cannot attend school. If you would benefit from Jessica’s support or any of our other highly experienced Advocates then get in touch today: https://sunshine-support.org/advice-and-support/#advocatehelp
