Education Law

At Gold Jennings we have expertise in a range of education law issues. Our education law specialists also have a range of knowledge in other areas, including in public law and judicial review, social care law, discrimination law, and in bringing compensation claims against public authorities. We use this wide-ranging expertise to provide holistic and practical advice to our clients.

Our expertise is varied and includes:

  • Appeals of Education, Health and Care Plans (EHCPs) to the First Tier Tribunal;
  • Judicially reviewing local authorities for failing to secure provision in an EHCP;
  • Disability discrimination claims against schools and universities;
  • Advising on discriminatory decision-making in the context of school exclusions;
  • Advising on local authority policies including admission policies and school transport policies;
  • Assistance with admission appeals;
  • Compensation claims against schools;
  • Advising on disciplinary issues arising at university;
  • Advice and assistance on the application of fitness to practice procedures;
  • Advising on university complaints including appeals to the Office of the Independent Adjudicator for Higher Education (OIA).

 

Special educational needs

Our strong background in disability and public law issues makes us uniquely placed to provide a holistic service to families, which includes dealing with both education and social care issues at once, to ensure that those with SEN and social care needs have a complete package to meet their needs. This means we are also uniquely placed to advise on the transition between children’s and adult’s social care.

We regularly advise families on all aspects of an appeal to the Special Educational Needs and Disability Tribunal (SENDIST). Our specialists have a strong track record in obtaining positive outcomes for our clients, including for those with complex needs requiring education otherwise than at school (EOTAS) packages or education beyond the school day, including at residential schools or other waking day curriculum packages.

We have a legal aid contract with the Legal Aid Agency in order to provide this work, so contact us today to see how we can assist.

School issues

We are able to advise at all stages of the exclusions process. We have particular expertise on advising on potentially discriminatory decision-making with respect to exclusions.

We are also able to advise on local authority admissions and school transport policies, including assisting with appeals.

Higher Education

We are able to advise on a range of issues which arise in the university context, including disciplinary issues, Fitness to Practice issues, allegations of discrimination, expulsions and suspensions. We can provide assistance with legal claims where appropriate, and/or complaints.

Recent case examples

  • Acted quickly and successfully to obtain an updated EHCP containing additional special educational provision (SEP) and ensuring it named our client’s preferred placement, ready for the transition to junior school in September.
  • Advised a university student on potential discrimination issues arising from her treatment at university, as a result of which our client was able to secure a five-figure sum in damages via the university complaints process, avoiding costly and stressful court proceedings.
  • Acted in a judicial review challenging a local authority’s failure to provide special educational provision in accordance with the EHCP. Following our intervention the local authority swiftly acknowledged liability and, as well as ensuring provision was in place for the start of the new term, agreed to fund an intensive course of therapy over the summer holidays to make up for missed provision.
  • Acted in a claim for compensation against a local authority for failing to provide any education at all to our disabled and vulnerable client for a number of years, in breach of his rights under the Human Rights Act 1998.

Education Law

At Gold Jennings we have expertise in a range of education law issues. Our education law specialists also have a range of knowledge in other areas, including in public law and judicial review, social care law, discrimination law, and in bringing compensation claims against public authorities. We use this wide-ranging expertise to provide holistic and practical advice to our clients.

Our expertise is varied and includes:

  • Appeals of Education, Health and Care Plans (EHCPs) to the First Tier Tribunal;
  • Judicially reviewing local authorities for failing to secure provision in an EHCP;
  • Disability discrimination claims against schools and universities;
  • Advising on discriminatory decision-making in the context of school exclusions;
  • Advising on local authority policies including admission policies and school transport policies;
  • Assistance with admission appeals;
  • Compensation claims against schools;
  • Advising on disciplinary issues arising at university;
  • Advice and assistance on the application of fitness to practice procedures;
  • Advising on university complaints including appeals to the Office of the Independent Adjudicator for Higher Education (OIA).

 

Special educational needs

Our strong background in disability and public law issues makes us uniquely placed to provide a holistic service to families, which includes dealing with both education and social care issues at once, to ensure that those with SEN and social care needs have a complete package to meet their needs. This means we are also uniquely placed to advise on the transition between children’s and adult’s social care.

We regularly advise families on all aspects of an appeal to the Special Educational Needs and Disability Tribunal (SENDIST). Our specialists have a strong track record in obtaining positive outcomes for our clients, including for those with complex needs requiring education otherwise than at school (EOTAS) packages or education beyond the school day, including at residential schools or other waking day curriculum packages.

We have a legal aid contract with the Legal Aid Agency in order to provide this work, so contact us today to see how we can assist. For those who are ineligible for legal aid, we have a range of fixed-fee options to provide affordable legal advice – contact us to find out more.

School issues

We are able to advise at all stages of the exclusions process. We have particular expertise on advising on potentially discriminatory decision-making with respect to exclusions.

We are also able to advise on local authority admissions and school transport policies, including assisting with appeals.

Higher Education

We are able to advise on a range of issues which arise in the university context, including disciplinary issues, Fitness to Practice issues, allegations of discrimination, expulsions and suspensions. We can provide assistance with legal claims where appropriate, and/or complaints.

Recent case examples

  • Acted quickly and successfully to obtain an updated EHCP containing additional special educational provision (SEP) and ensuring it named our client’s preferred placement, ready for the transition to junior school in September.
  • Advised a university student on potential discrimination issues arising from her treatment at university, as a result of which our client was able to secure a five-figure sum in damages via the university complaints process, avoiding costly and stressful court proceedings.
  • Acted in a judicial review challenging a local authority’s failure to provide special educational provision in accordance with the EHCP. Following our intervention the local authority swiftly acknowledged liability and, as well as ensuring provision was in place for the start of the new term, agreed to fund an intensive course of therapy over the summer holidays to make up for missed provision.
  • Acted in a claim for compensation against a local authority for failing to provide any education at all to our disabled and vulnerable client for a number of years, in breach of his rights under the Human Rights Act 1998.
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