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10 things parents need to know about EOTAS

Celine Conley
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10 things parents need to know about EOTAS Due to the shortage of special school places, many parents today are asking the Local Authority to fund  Education Otherwise than at School  (known as EOTAS ) packages. Some parents think that if...

Phased Transfer Deadlines

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Phased Transfer Deadlines For primary to secondary school – DEADLINE IS 15 FEBRUARY 2023  For secondary to post-16 placements – DEADLINE IS 31 MARCH 2023 Currently, SEND tribunals are being listed for hearings in early 2024; whilst...

The link between Judicial Review and the annual review process

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The link between Judicial Review and the annual review process We are regularly contacted by clients who have had an Annual Review of their child’s Special Educational Needs, but the review process has not been fully completed by the Local...

High Court calls time on council delays for children with special needs and disabilities

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In a landmark judgment issued today (8 March 2022) the High Court has made it clear that every local council must keep to fixed legal time limits when reviewing the needs of children and young people with special educational needs . Councils have been...

School Placements and Admissions for SEN children

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What happens when the Local Authority does not name the school or college of your choosing? For those with EHC plans there are specific rules relating to phased transfers where children either start primary school, move to secondary school or move to post...

Plugging the Annual Review process pitfalls

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In late 2019,  Emma Grimbly  (Education Paralegal) was working on numerous cases whereby Devon County Council were neglecting their duties to issue an  Annual Review Decision Notice within the required 4-week period and neglecting to...

What is the status for SEN children during the national lockdown?

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As everyone will be aware the UK entered a further national lockdown on 5th January 2021, which resulted in the closure of schools across England and Scotland (schools in Wales are scheduled to return on 18th January 2021, however a further Welsh Government...

Beverley Watkins featured in Law Society Gazette

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Managing Partner Beverley Watkins features in the latest edition of the Law Society Gazette, where she discusses representing three families in a test case in the Court of Appeal that could significantly impact on local authority procedures for children with...

Watkins Solicitors granted permission to appeal on behalf of 3 children with SEND

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Watkins Solicitors have successfully been granted permission to appeal in the Court of Appeal on behalf of 3 children with SEND in a judicial review that could significantly impact on local authority procedures for children with EHCP’s. The claims...

BBC News interviews Beverly Watkins following successful tribunal ruling for her client against Bristol City Council

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Beverley Watkins appeared in an article published by BBC News yesterday, following a Special Needs and Disability Tribunal ruling in favour of her client, Nura Aabe and her severely autistic son Zak, against Bristol City Council. Asked for her reaction,...

Parliament Committee Report details key concerns with Children and Families Bill

Emma Thompson, nee Grimbly
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Wednesday marked a vital step forward in ensuring the needs of children with Special Educational Needs are met. The first report published by the Education Committee on 23 October 2019, details key concerns regarding the implementation and funding of...

Beverley Watkins speaks at Developmental Language Disorder Unpacked

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Beverley Watkins, our Education Law Specialist, will be speaking at Developmental Language Disorder Unpacked, a workshop for parents of children with Developmental Language Disorder. The event takes place in Bath on 16 th October and is being run by...

BBC News covers our client's legal action against City of Bristol College

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Our client Nura Aabe and her son Zak are the subjects of a BBC News article following Nura’s decision to take legal action against the City of Bristol College, who used Zak’s appearance in a BBC documentary earlier this year to assess him for a...

Parent fined for daughter not taking part in end-of-term activities

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Magna Academy in Poole has been in the news today over the fining of a parent who refused to send her daughter to school to take part in two activity days at the end of the term. The regular timetable was suspended and replaced with the activities, some of...

Concerns over school provision leading to rise in home education

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The government recently held a consultation on home education, due to a growing increase in the number (estimated 57,600) of children and young people being educated at home. However, in its conclusion of the consultation response, the government does not...

The Autism Act 2009 and 10 years on

Emma Thompson, nee Grimbly
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The Autism Act 2009 was designed to bring about changes in the way adults with autism were treated by local authorities and NHS organisations. It is the only condition-specific legislation of its type in England and although references adults, has been...

SEND Tribunal Update

Emma Thompson, nee Grimbly
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The Special Educational Needs and Disability Tribunal This Tribunal hears appeals about EHC needs assessments and EHC Plans as well as claims of disability discrimination. The number of appeals is on the rise; between 2018 and 2019 the Tribunal has seen...

Cornwall Council's failure to provide education - Ombudsman investigation

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A report published this week by the Local Government and Social Care Ombudsman in response to a complaint against Cornwall Council, highlights three key areas that we find are repeated failings throughout the country.   The Ombudsman identified that...

SEN pupils being failed by system

Emma Thompson, nee Grimbly
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The Guardian has published an article in relation to ‘special needs pupils being failed by system on verge of crisis’. Their investigation has shown that the current rate of success for parents at SEN Tribunal hearings is now at 89%. It is...

New Tribunal Bundle Guidance

Emma Thompson, nee Grimbly
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The Tribunal Service has launched new guidance for Tribunal bundles in SEN appeals which could have key ramifications when providing independent reports as evidence. Whereas it is often the case that these reports are highly detailed and therefore lengthy,...

School Exclusion

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The Government has been seeking views and evidence on school exclusion practice as part of a review of school exclusions.  In 2015/16, 0.08% of children were permanently excluded from Local Authority maintained schools in England, although children...

School Records

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We receive a number of phone calls from parents who want to know if they can access their child’s school records.  The answer is generally, yes.  If your child attends a maintained school, you have an independent right of access to your...

Weak points in the newly reformed SEND system

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Speaking to MP’s on the Commons Education Select Committee, Baroness Warnock, who issued a report 40 years ago about services for children with special educational needs and disabilities needing to change, along with other key figures that led to the...

Implementing the Disability and Special Educational Needs Reform set out in the Children and Families Act 2014

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Following on from previous articles, Ofsted and the Care Quality Commission have continued to carry out joint inspections to consider how Local Authorities have implemented the changes set out in the Children and Families Act 2014 in relation to the...

Special Educational Provision during school holidays - an update

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A recent decision from the Upper Tribunal, GK v North Somerset Council (2018) has upheld a parent’s appeal in respect of when a Local Authority is required to provide special educational provision outside of school term times. The child in question...

Bristol parents successfully challenge Local Authority SEND budget cuts

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Two sets of parents have recently taken Bristol City Council to court for a judicial review of the council’s continuing cuts to funding for pupils with SEND (Special Educational Needs & Disabilities). The first case of its kind, the basis of the...

Shortage of suitable school places for children with special educational needs

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News in the last few days has focused on statistics that demonstrate there is a shortage of funding for children with special educational needs, which is leading to a growing number of children being left without suitable school places and more children with...

Health & Social Care Needs and Provision in an EHC Plan

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The Special Educational Needs and Disability Tribunal (SEND) will soon be able to make non-binding recommendations on the health and social care aspects of a child or young person’s EHC Plans, alongside the educational needs and provision currently...

March 1st is 'D-Day' for many parents waiting to hear which Secondary school their child has been allocated

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For many families, the anxious wait will be over and you may well hear the collective sigh of relief.  However, for families who are not allocated the school of their choice, they may be worried and upset. Remember, parents have the ‘right to express a preference’ - their child does not have the right to have the school of their choice...

Beverley Watkins appears in this month's edition of the Law Society Gazette

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Managing Partner, Beverley Watkins, was recently asked to provide comment on the Ministry of Justice's Legal Advice Gateway for an article in the Law Society Gazette. The Legal Advice Gateway is a telephone service which provides advice on...

Legal Advice for Education and Disability Work

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In 2013 under the Legal Aid, Sentencing and Punishment of Offenders Act, the government decided to fund advice and assistance on special educational needs and discrimination work only through a telephone advice service.  There are currently two providers of this service to cover England and Wales.  However, a decision has been issued this week that the government will cancel the telephone advice service and will not be awarding any contracts for education and discrimination services after 1 September 2018 through the current process...

Joint Local Area SEND Inspection Lancashire

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Ofsted and the Care Quality Commission have conducted a joint inspection of Lancashire Local Authority to judge the effectiveness of the area in implementing special educational needs and disability reforms, as set out in the Children and Families Act 2014. ...

South Gloucestershire Council Ofsted Findings

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A joint inspection of South Gloucestershire Council’s SEN and Disabilities provisions carried out by both Ofsted and the Care Quality Commission (CQC) has recently published its findings highlighting areas both of strength and need in the Local...

15 FEBRUARY DEADLINE

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For those children who are transferring into a new stage of education from September 2018, parents should receive the final EHC plan naming the placement for September 2018 by 15 February 2018...

 

BBC coverage of special educational needs

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The BBC has recently been featuring a number of articles relating to children with special educational needs.  It has focused on TV presenters David and Carrie Grant, who have four children, each with a separate set of special educational needs. ...

THE 31st MARCH 2018 - WHAT DO PARENTS NEED TO KNOW?

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The 31st March 2018 represents the final date by which all Local Authorities in England need to have transferred all Statements of Special Educational Needs into Education, Health and Care Plans (EHC Plans).  This deadline is as a result of a change in...

SEND Tribunal - Health and Social Care Provisions

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Following a 2017 pilot trial involving 17 Local Authorities, the SEND Tribunal has agreed to make non-binding recommendations on the health and social care sections of a child or young person’s EHC Plan.  The Tribunal will be able to make these...

Personal Budgets and Direct Payments for Children and Young People with EHC Plans

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A Personal Budget is an amount of money identified by the Local Authority to deliver provision set out in a child or young person’s EHC Plan where the parent or young person is involved in securing that provision. A child’s parent or the young...

Local Government Ombudsman first 100 investigations - EHCP issues and what we can learn from these

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The Local Government and Social Care Ombudsman has recently published its focus report on its first 100 investigations into identified issues with the Education, Health and Care Plan system.  The Local Government Ombudsman is a free service for parents of children with special education needs and disabilities to utilise if parents believe there has been...  

Watkins Solicitors - SEN Information Day for Parents in Cornwall

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The Education Department of Watkins Solicitors held another successful SEN Conference, this time in Redruth, Cornwall, for parents of children who have special education needs and disabilities.   Lydia Dunford spoke about EHC Needs Assessments and...

SEN Tribunals

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New figures from the Ministry of Justice have shown that there has been a big jump in the number of appeals registered at the Special Educational Needs and Disability Tribunal.  Between April and June 2017, the number of Local Authority decisions...

Understanding Outsourcing EHC Plans - What Parents Should Know

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It is common knowledge that Local Authorities are struggling to keep up with the timescales and requirements in producing and issuing Education, Health and Care Plans (EHC Plans). What may not be as well known is that a few Local Authorities are outsourcing...

Phase Transfer EHC Plans - What Parents Should Know

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Parents should have now received the final EHC Plans for their child who is due to transfer into a new stage of education from September 2017; the 15th February was the deadline for EHC Plans to be issued for pupils transferring into either primary or...

Cuts to Education - The Current Situation

Beverley Watkins
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Following the recent announcement that an approximate £32million worth of funding cuts could hit Bristol schools, parents have been taking a stand; by sitting down at picnics across the centre on 26 May 2017. The picnics, that were held in four...

Council's home to school transport policies lead to a rise in complaints to the local government ombudsman

Beverley Watkins
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The Local Government Ombudsman has published a focus report concerning home to school transport issues.  This follows a marked increase in complaints that the Local Government Ombudsman have seen about these issues over the past two years.  The...

Young people, mental capacity and what is meant by educational

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A recent decision in the Upper Tribunal has provided much needed clarification as to the scope of decisions young people with special educational needs and disabilities can make when an appeal has been lodged against the contents of their EHC Plan. The...

New Bristol Schools

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Bristol will soon have four new schools built around the centre to help ease the demand on secondary school places. The new schools will consist of two under Oasis Community Learning, as well as an all-through special school and a school primarily for...

David Cameron says 'All schools should become Academies'

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David Cameron says every school in England should become an Academy because Academies have improved standards and power should be in the hands of head teachers and teachers. Academies are independent, state-funded schools that operate outside of Local...

Watkins Solicitors speak at Bristol Autism Support

Beverley Watkins
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Watkins Solicitors speak at Bristol Autism Support – dispelling more myths about exclusion and school transport for children and young people with SEN and/or a disability. Liz Smith and Beverley Watkins  gave a talk at a Bristol Autism...

Watkins Solicitors are delighted to welcome Lydia Dunford to their education team

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Education Law Lydia has a Law Degree and was awarded her Post-Graduate Diploma in Legal Practice in June 2015. She has always had a keen interest in Education Law, having a brother with Autism and other learning difficulties. She also wrote her...

Watkins Solicitors first Education conference on 25.9.15. was a great success!

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‘The ABC of ABA’ – designed to inform parents of children who have a diagnosis of Autism about ABA (Applied Behaviour Analysis). Beverley Watkins opened the conference and welcomed everybody. She gave the following examples of comments...

Supreme Court upholds appeal in landmark challenge to discriminatory Student Loan eligibility criteria

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In order to qualify for a student loan, a student must (a) be resident in England when the academic year begins (b) has been lawfully ordinarily resident in the United Kingdom for the three years before then and (c) be settled in the United Kingdom on that...

Independent Admission Appeals Panels

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Local Government Ombudsman Reports: St Edmond Arrowsmith Roman Catholic High School, Wigan (14005154, 14006249 and 14010168) and Kingston-upon Hull City Council (14008195) Every year there are a number of complaints to the Local Government Ombudsman (LGO)...

Pupils face post code lottery

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Beverley Watkins is mentioned in the Times article concerning school admissions. Beverley has advised parents in respect of school admissions for over 15 years. ...

SEN - Time limits for appealing

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Special Educational Needs – time limits for appealing. When a Local Authority issues a Statement of Special Educational Needs or an Amended Statement, accompanying the Statement or Amended Statement will be a letter informing the parent that they...

Parents fined for term-time holidays

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A couple who took their children on a week long holiday during school term have been ordered by Magistrates to pay £993 in costs and fines. Stuart and Natasha Sutherland from Telford, Shropshire, originally refused to pay a £360 fine. It doubled...

Selective Mutism and Compensation ordered to be paid by Ombudsman

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Liz Smith recently successfully argued that Bromley Council caused delay, distress, uncertainty and failed to arrange special educational provision for a young man with selective mutism and severe anxiety. The Council had delayed by 15 months issuing a...

GCSE ENGLISH GRADING ROW - LEGAL CHALLENGE

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In September 2012, Michael Gove, the Education Secretary, admitted in the Commons that pupils had been unfairly treated   A claim for judicial review has been lodged by a group of Headteachers and Local Authorities in the wake of the dispute which...