Education, Health and Care (EHC) Plans were brought in by the Children and Families Act 2014. They replaced statements of special educational needs for children in schools and learning difficulty assessments for young people in further education and training, which were previously separate.
EHC plans must be prepared and maintained by the local authority if an EHC needs assessment finds that a child or young person requires special educational provisions. The local authority must also conduct annual reviews and reassessments.
EHC plans cover children and young people from birth to the age of 25. They include information about health and social care needs as well as special educational needs in one document. They should outline how these needs will be provided for, which educational institution the child or young person will attend and detail what Personal Budget will be assigned to secure these provisions.
If you would like to challenge the contents of your child's EHC plan or the local authority has failed to make provisions outlined by the plan, our lawyers can help. Call us today on 0800 028 1943 to find out more.
We also have a number of helpful factsheets and template letters aimed to help you secure the best education for your child.
Each case is different but when you get in touch, we will walk you through the different pricing and funding options available for your case. We tailor each service to every client to make sure that the costs are suitable to your individual situation.
We offer clear and competitive pricing structures including fixed fees and monthly instalment plans depending on the type of case and legal support required. We can also provide legal aid for some education cases, including judicial review.
However you are funding your case, we aim to keep costs low by resolving matters as quickly as possible, outside of court wherever possible. If you are funding the case yourself, we will always provide a full quote up-front and provide regular costs updates as the case progresses so you are always in the loop.
Read our factsheet for more information about legal aid (PDF download).
Going to court is always a last resort and we aim to resolve education disputes as quickly and without the need to go to court wherever possible.
Schools and Local Education Authorities have official complaints and appeal procedures that we can help you with. Having legal representation from one of our knowledgeable and experienced education law solicitors at this early stage can significantly improve your complaints chances of success.
Once in a dialogue with the school or LEA, we have the negotiation and mediation skills to help you get the outcome you want for your child. Wherever possible, we try to reach an agreement without taking legal action.
If necessary, we can refer your case to appeals boards or the Local Government Ombudsman, who have the power to make LEAs reconsider their decisions. In some cases, it is possible to pursue the matter with the Secretary of State.
We will pursue a court-based legal resolution with judicial review only if all other options have failed.
Judicial Review is a way to appeal decisions made by public bodies such as schools and Local Education Authorities. You can apply for judicial review only if you have been through the public body's own complaints and appeal procedures and are still unhappy with the decision made.
The purpose of judicial review is to make sure that a public body acts within the law. We may be able to help you appeal an education decision at judicial review if it is:
- Irrational
- Unfair
- Discriminatory
- Illegal
We have one of the top judicial review teams in the country and have experience with successfully appealing a variety of education cases. Judicial review is a lengthy and complicated process with strict time limits for claims but our education law experts will guide you through the process from start to finish.
Find out more on our Judicial Review page.
Our experience of education law means that we are noted in leading independent guides to the legal profession, the Legal 500 and Chambers UK, for our litigation work. We are also members of the Education Law Association so you can be confident that you have real experts fighting your corner.
Education law is complex and ever-changing and we understand that it can be a bit intimidating for our clients. You can rely on our lawyers provide professional and friendly guidance and support and explain every step of the process so you are always kept in the loop.
A Trustpilot review by one of our clients praised our team's expertise: "The legal team who have worked with us at Irwin Mitchell are making a genuine difference to the lives of children and young people in education as they challenge a system that too often discriminates against disabled children. Throughout the International Coalition Against Restraint and Seclusion's (ICARS) Judicial Review proceedings the advice of our legal team at IM has always been considered and accurate. The team, most recently led by Angela Jackman, have been hugely supportive. They have consistently gone above and beyond in order to do all they can to ensure that Children's Human Rights are upheld."
Meet our team of education law solicitors
