Education Law Solicitors

If your child has been excluded from school - either temporarily or permanently - you are entitled to challenge the decision by making a complaint to the school.

If your complaint doesn't make any progress, you can appeal to the local authority as long as the exclusion is for longer than 5 days.

If your complaint still doesn't make any progress, you can refer the decision to the Independent Review Panel. This panel does not have the power to revoke the exclusion, but it can tell the school or local authority to reconsider the decision again.

If you still disagree with the local authority's decision after this, you may also be able to appeal at judicial review. Our education law solicitors can help at any stage of the complaints and appeals process but there are strict time limits in place if your case gets to the judicial review stage, so it is vital to contact us as soon as possible.

If your challenge is unsuccessful and your child is excluded, the local authority has a responsibility to minimise disruption to the student's education. They can do this by making sure that the student receives sufficient education at home or in an alternative educational placement. Our lawyers can also help you appeal if your child does not receive enough support while they are excluded.

School admissions can be very competitive, but parents have a right to tell their local authority which school they would prefer their child to go to.

The local authority must consider parents' preferences and follow the School Admissions Code when during the admissions process, but don't have to give any reason for their decision when they do reach a verdict. If you feel that your preferences have been unfairly dismissed, you can appeal the decision with the local authority, the Independent Admissions Appeal Panel or even judicial review.

Our expert education law solicitors can provide advice and representation at every stage of the appeal process to resolve your dispute as quickly as possible. Education law is complicated and always changing but we will guide you through the whole process to ensure the best possible chance of success.

Every child deserves the support they need to receive an education and education authorities have a responsibility to provide it. We can help with:

• Having your child’s special educational needs assessed
• Transport to and from school
• Statutory funding for independent school placements
• Accessing support in schools and colleges
• Organising education other than in school or college (EOTISC)
• Challenging discrimination

Our dedicated team of specialist education law solicitors will help you voice concerns you may have about your child's education and negotiate solutions with schools, colleges and local authorities. If necessary we can raise your dispute at a Special Educational Needs and Disability Tribunal or appeal to judicial review.

To find out more, see our Special Educational Needs page.

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 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 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 local authority, 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 local authorities 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 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."