Legal Question “I think my son who is disabled is being discriminated against at school. I’m also really unhappy about the content of his Education Health & Care Plan. I’ve been told I can’t access Legal Aid as it doesn’t exist anymore, is this correct?” Legal Aid still exists! The introduction of the Legal Aid Sentencing and Punishment of Offenders Act 2012 (LASPO) made vast changes to Legal Aid. It is commonly thought that Legal Aid for education law has disappeared altogether. In fact, this is not the case. Legal Aid remains available for some education law cases. Cases such as disability discrimination claims against schools, or challenging the contents of a Statement or Education, Health and Care Plan (EHCP) to the Special Educational Needs and Disability Tribunal (commonly known as SEND) are still “in scope” under the Legal Aid Agency’s Legal Help Scheme. The Legal Help Scheme covers the advice a parent/guardian may need from a legal advisor in preparing a case to the SEND Tribunal, whether this is making a disability discrimination claim against a school or a challenge against the contents of Statement or EHCP. The Legal Help Scheme may also include a Legal Advisor writing letters, negotiating and preparing the written case for a Tribunal. Legal Help can also, in certain circumstances, cover the costs of independent expert assessments. However, the limitation to the Legal Help Scheme is that it does not cover the costs of a Legal Advisor attending meetings with parents or representing them at a tribunal hearing. That said, it is still a very effective method of helping parents make a legal challenge when it is needed. Eligibility for the Legal Help Scheme is based upon their financial circumstances. If anyone considers they are eligible for publicly funded work, they must contact Civil Legal Advice (Tel: 0345 345 4345). This is a centralised telephone “gateway” which all new publicly funded clients must call. The operators at Civil Legal Advice carry out a means assessment to determine whether a client is eligible for public funding (eligibility is based upon a person’s income, whether a person is in receipt of any benefits and also whether a person has any capital). There is a very useful “eligibility calculator” that can be used if you wish to check your eligibility. This can be found at http://civil-eligibility-calculator.justice.gov.uk/ If a client is eligible for work covered under the Legal Help Scheme, they are then transferred to a specialist in education law for further advice. It is important to note that there are other areas of education law which are still covered under the Legal Help Scheme. Funding is available for making a challenge against a Local Authority where they refuse to carry out an Education, Health and Care Needs Assessment (formally known as a Statutory Assessment). In addition, Legal Help funding is available where following an Education, Health and Care Needs Assessment, the Local Authority decide not to issue an EHCP. Legal Help funding is also available for taking Judicial Review action in respect of education law issues. This could include, for example, where a Local Authority fails to implement the provision specified within a Statement/EHCP or where a child is out of school and a Local Authority fails to put in place education. In addition, although admissions appeals, exclusions appeals and transport appeals have now been taken “out of scope” for publicly funded work, it is still possible to provide advice regarding taking Judicial Review proceedings where an unlawful decision is made following the appeal. Judicial Reviews can be difficult to spot, so if a person has any concerns, it would be wise to seek legal advice. Legal Aid funding is therefore still available for many areas of education law. This is crucial so that parents/guardians/young people can still challenge their right to receive a suitable education and to ensure that some of the most vulnerable children and young people in society are adequately supported by ensuring sufficient provision is made. If you have any concerns about education issues, and consider that you are, or might be, eligible for publicly funded work, it would be wise to contact Civil Legal Advice for further advice.
Kathryn Saban, Specialist Education Legal Advisor Maxwell Gillott Solicitors Maxwell Gillott is a firm of specialist solicitors, providing legal advice and assistance for clients who face difficulties with the key public services of education, health and social services. www.maxwellgillott.co.uk
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