The following case study is based on the provision of legal services at Victoria Denis’ last place of employment.

The challenge

Our client was the parent of a child with special educational needs whose school was failing to put in place reasonable adjustments to meet the pupil’s behavioural needs. As a result, the family became increasingly concerned about whether the pupil was receiving the support necessary to access education on an equal basis with their peers.

The situation required careful handling. The parent wanted to secure appropriate support for their child while maintaining constructive engagement with the school and ensuring the pupil’s education was not disrupted. At the same time, the family needed to plan for the pupil’s future educational needs, including an upcoming transition to secondary school.

Alongside concerns about reasonable adjustments, the family also required support in obtaining formal recognition of the pupil’s needs through the Education, Health and Care (EHC) assessment process.

Our approach

We supported the family through multiple aspects of the dispute, combining practical advice with formal legal representation where required.

Our work included:

  • Advising the parent throughout the school’s complaints process
  • Seeking an early and constructive resolution while ensuring the pupil remained supported in school
  • Assisting the family with an application for an Education, Health and Care Needs Assessment (EHCNA)
  • Supporting the family in securing an Education, Health and Care Plan (EHCP)
  • Representing the family in proceedings before the special educational needs and disabilities (SEND) Tribunal when concerns regarding reasonable adjustments remained unresolved
  • Focusing on practical outcomes that would support the pupil’s continued attendance at school and successful transition to secondary education.

Throughout the matter, we remained mindful of the emotional impact that disputes of this nature can have on families and worked to achieve solutions that were both legally robust and practically effective.

The outcome

The family successfully secured an EHCP, providing a formal framework for the pupil’s educational support and future provision.

The dispute regarding reasonable adjustments was resolved on the day of the final SEND Tribunal hearing. As part of the resolution, the family received a formal apology from the school. The school also agreed to review its SEND policies to help prevent inappropriate disciplinary action against pupils with special or emerging educational needs in the future.

The outcome not only secured support for the individual pupil but also encouraged wider improvements that could benefit other children requiring SEND support.

Why this matters

Children with SEND are entitled to appropriate support and reasonable adjustments to enable them to access education effectively. Where schools fail to identify or meet those needs, pupils can be placed at a significant disadvantage, potentially affecting both their educational progress and wellbeing.

This case highlights the importance of early intervention, effective use of school complaints procedures and, where necessary, specialist representation before the SEND Tribunal. It also demonstrates how securing an EHCP can provide families with a stronger framework for obtaining the support their child requires.

How can we help you?

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