Awareverse

Supporting neurodivergent wellness through understanding and practical tools

Education Rights
& School Support

Complete Guide: SEN Support, Accommodations, Exclusions, Tribunals & Safeguarding

📚 What This Guide Covers

Complete guide to navigating education for neurodivergent children: SEN Support basics, day-to-day accommodations, dealing with exclusions, SEND tribunal appeals process, parent advocacy strategies, and safeguarding concerns.

Key Legal Framework

Law/Code	What It Means for You
Equality Act 2010	Schools MUST NOT discriminate against disabled pupils. Must make reasonable adjustments.
Children & Families Act 2014	Legal framework for EHCPs, timescales, parent rights, tribunal appeals.
SEND Code of Practice 2015	Statutory guidance schools and LAs must follow. Your bible for advocating.
Education Act 1996	Right to education, duties of schools/LAs, exclusion rules.

Four Broad Areas of Need

Communication & Interaction - Autism, speech/language difficulties, selective mutism
Cognition & Learning - Dyslexia, dyscalculia, learning difficulties
Social, Emotional, Mental Health - ADHD, anxiety, OCD, attachment, trauma
Sensory & Physical - Sensory processing, dyspraxia, hearing/vision impairment

💡 Reasonable Adjustments (Equality Act)

Schools MUST make changes so disabled pupils aren't substantially disadvantaged. Examples:

Movement breaks for ADHD
Visual timetables for autism
Quiet space for sensory regulation
Flexible uniform for sensory issues
Extra time for processing

"We don't have funding" is NOT a valid reason to refuse reasonable adjustments.

Page 1

Autism-Specific Strategies

Predictability - Visual timetable, advance warning of changes, consistent routines
Sensory - Seat away from noise/lights, ear defenders, movement breaks every 30 mins
Communication - Visual + verbal instructions, processing time, written backup
Social - Structured breaks, adult support during unstructured time, social stories
Anxiety - Safe space, traffic light stress system, clear meltdown plan
Interests - Incorporate special interests into learning, use as regulation tool

ADHD-Specific Strategies

Movement - Wobble cushion, standing desk, frequent movement breaks, fidget tools
Focus - Chunked tasks, timers, visual step-by-step guides
Organization - Help packing bag, equipment duplicates, homework diary checks
Positive behavior - Immediate feedback, 5:1 praise ratio, clear rewards
Instructions - Repeat clearly, check understanding, written confirmation
Seating - Front of class, near positive role model, away from distractions

Anxiety/Mental Health Strategies

Safe person - Key adult child can access when overwhelmed
Flexible attendance - Part-time timetable if needed (with plan to build up)
Escape plan - Card to leave class, pre-agreed quiet space
Reduced demands - Modified curriculum/homework, core subjects focus
Low pressure - No forced public speaking, work extensions, no surprise tests
Check-ins - Regular 1:1 with trusted adult, emotion regulation toolkit

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Types of Exclusion

Type	What It Means
Fixed Period	Temporary (1-45 days/year). Child stays home. Work provided from day 1.
Permanent	Removed from roll. LA finds new placement within 6 days.
Informal/ILLEGAL	Sending home without formal process. Part-time timetable without agreement.

🚨 ILLEGAL "Informal" Exclusions - Challenge Immediately:

"Can you pick them up early, they're struggling today"
"Keep them home tomorrow to calm down"
Reducing timetable without proper SEN support plan and parent agreement
"Sending home to cool off" without formal exclusion letter
"We'll call when they're ready to come back"
Asking you to "educate at home for a while"

Schools avoid formal exclusions because they look bad in Ofsted. Don't let them manipulate you.

Rules for Excluding SEND Pupils

⚠️ Schools CANNOT Exclude If:

Behavior was manifestation of disability (autistic meltdown, ADHD impulsivity)
Behavior resulted from school's failure to make reasonable adjustments
Behavior arose from unmet needs (no sensory breaks → meltdown)
This would be discrimination under Equality Act 2010

Head MUST consider SEND when deciding exclusion. Can't treat SEND child same as neurotypical for same behavior.

Challenging an Exclusion - Step by Step

Day 1: Receive exclusion letter. Read carefully. Note deadline for representations

Day 1-2: Email governors AND Local Authority stating you're challenging. CC headteacher

Day 2-5: Gather evidence - EHCP, SEN plans, proof school knew about disability, records of unmet needs

Within deadline: Submit formal written representations explaining why exclusion was discriminatory

Governor meeting: Attend with advocate. Present case. Take notes.

If upheld: Apply to Independent Review Panel within 15 school days. Contact IPSEA for help

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🏛️ What is SEND Tribunal?

Independent legal tribunal deciding disputes between parents and LAs about EHCPs. FREE to use. High success rate (~85-90%). Can ORDER LAs to assess, issue, or amend EHCPs.

When You Can Appeal

Decision	Deadline
LA refuses EHC needs assessment	2 months from refusal
LA refuses to issue EHCP after assessment	2 months from refusal
Disagree with EHCP content (Sections B, F, I)	2 months from final EHCP
LA refuses to amend after annual review	2 months from decision
LA refuses to re-assess	2 months from refusal
LA ceases EHCP	2 months from decision

The Process - Step by Step

Step 1: Mediation (Required First)

What: Meeting with mediator + LA to resolve. Can attend or just get certificate declining.
Cost: FREE. Time: 2-3 weeks to get certificate.

Step 2: Register Appeal

How: Online or form SEND35. Need: Mediation certificate.
Deadline: 2 months from LA decision. Cost: FREE.

Step 3: LA Response (30 working days)

LA submits case defending their decision. You receive copy.

Step 4: Your Reply (30 working days)

Submit detailed case, all evidence, expert reports, witness statements.

Step 5: Working Documents (2 weeks before hearing)

Both sides submit final evidence bundle. Tribunal sets running order.

Step 6: Hearing (Usually 4-8 months after registration)

Duration: Half to full day. Panel: Judge + 2 specialists (education + health/social).
Format: Informal. You present case, LA presents theirs, panel asks questions.

Step 7: Decision (Within 10 days)

Binding: LA MUST comply. Can order assessment, EHCP, specific provision, named school.

Page 4

Essential Evidence

All LA documents - EHCP (current + draft), assessment reports, refusal letters, all correspondence

Professional reports - Ed Psych, SALT, OT, CAMHS, pediatrician, any specialists

School evidence - SEN support plans, IEPs, progress data, behavior logs, attendance records

Independent assessments - If LA reports inadequate, get private Ed Psych/SALT (£500-1500 each but powerful)

Parent statement - Detailed account of needs, daily impact, history, why LA wrong

Witness statements - Teachers, family, therapists who know child well

Diary evidence - Log of difficulties over 2+ weeks showing impact

Photos/videos - If appropriate (injuries from SIB, meltdowns showing needs)

Writing Your Case Statement

Structure (10-20 pages typical):

Introduction - Child's name, age, diagnoses, current placement, what you're appealing
Background - Brief history, when difficulties emerged, previous assessments
Current Needs (Detailed!) - Go through each area: communication, cognition, social/emotional, sensory. Give specific examples with evidence references
Why LA is Wrong - Point-by-point rebuttal of LA position. Reference conflicting evidence
What You Want - Exactly what provision/school you seek and why it's necessary
Conclusion - Summary of key points
Evidence List - Numbered list of all supporting documents

Getting Representation

Option	Details
IPSEA (FREE)	Legal advice, can provide free representation if capacity available. Excellent success rate. Apply early.
DIY (with support)	Represent yourself with IPSEA/SOSSEN guidance. ~70% success rate. Tribunal is parent-friendly.
Panel Advocates	Experienced parent advocates. £500-2000. Search "SEND tribunal advocate [your area]"
Private Solicitors	Specialist SEND lawyers. £5k-15k+. Very effective. Some do legal aid. For complex cases.

        💡 Don't Be Intimidated: Tribunal is informal and parent-friendly. Judge helps you present case. LA has lawyers but you have truth on your side. Success rate: 85-90%.
    

Page 5

When School Isn't Providing Support

Step 1: Document Everything (Start NOW)

Keep diary: Date, time, what happened, who involved, impact on child
Save emails: Every communication with school
Photos/videos: Injuries, meltdowns, child's distress (be sensitive but honest)
Reports: All medical, therapy, school reports

Step 2: Request Meeting (In Writing)

Email: "I request a formal meeting to discuss [child's name]'s SEN support. I have concerns about current provision and would like to bring a supporter."
Why writing? Creates evidence trail. Can't be denied later.

Step 3: Prepare for Meeting

Bring: Your evidence, list of specific concerns, what you want school to do, supporter (friend/advocate)
Do: Take notes, ask for written record of agreements, stay calm but firm
Don't: Accept vague promises, let them rush you, leave without clarity

Step 4: Follow Up (Within 48hrs)

Email: "Thank you for meeting on [date]. I understand we agreed: [list each action point, who responsible, deadline]. Please confirm or clarify."

Step 5: Escalate If No Improvement (2-4 weeks)

A. Email Chair of Governors - formal complaint about SEN provision
B. Contact LA SEND team - school not meeting SEN duties
C. Request EHCP assessment yourself - don't need school permission
D. Formal school complaint procedure (usually 3 stages)

Step 6: Nuclear Options (If Still Failing)

Ofsted: Report safeguarding/SEN failures online
Discrimination claim: Equality Act 2010 - seek legal advice first
Judicial review: Challenge LA decisions - very complex, need lawyer

Real Example - Successful Advocacy

Problem: Autistic child (age 9) coming home with injuries from meltdowns. School said "we don't have staff for 1:1 support."

Parent Action:

Photographed injuries weekly
Requested meeting citing Equality Act duty to make adjustments
Followed up in writing listing specific adjustments needed (sensory breaks, quiet space, visual schedule)
When school still refused, requested EHCP assessment directly from LA
Reported to LA safeguarding team - child being harmed by lack of support

Outcome: LA expedited EHCP assessment (8 weeks vs usual 20). EHCP issued naming special school. Child thriving. No more injuries.

Page 6

🚨 What is Safeguarding?

Protecting children from harm. For SEND pupils, this includes ensuring needs are met and they're not harmed by INADEQUATE SUPPORT.

When to Raise Safeguarding Concerns

Physical harm - Injuries from restraint, self-harm due to unmet sensory needs, injuries during meltdowns that could be prevented
Emotional harm - School refusal, self-harm, extreme distress caused by school environment/practices
Neglect of needs - EHCP not implemented, disability ignored, adjustments refused
Unsafe practices - Inappropriate restraint (prone, prolonged), locking in rooms, withdrawal of food/drink/breaks as punishment
Bullying not addressed - Disability-related bullying ignored, child targeted for SEND
Discrimination - Treated worse than neurotypical peers for same behavior

How to Report - Step by Step

Step 1: Report to School DSL (Designated Safeguarding Lead)

Email using words "safeguarding concern" to trigger proper process.
Template: "I'm raising a safeguarding concern about [child]. [Describe incident]. I'm concerned this constitutes [neglect/emotional harm/unsafe practice]. What action will school take?"

Step 2: Report to LA Safeguarding Team (MASH)

When: If school doesn't act within 48hrs OR you're concerned about school's response
How: Google "[your area] MASH" or contact LA main line. Can report online/phone.
What happens: MASH screens, may trigger child protection investigation.

Step 3: Report to Ofsted (If Serious/Ongoing)

When: Child at ongoing risk, school/LA not acting effectively
How: Online at gov.uk - search "raise concerns about school Ofsted"
Impact: Can trigger inspection focused on safeguarding

Step 4: Police (If Criminal)

Report for: Assault (excessive restraint causing injury), false imprisonment (locking child in room), any potential crime.
How: 101 or online. Ask for crime reference number.

Example Safeguarding Reports

Example 1: "My autistic son's EHCP states he needs regular access to food due to not recognizing hunger. Staff redirected him from his snack and he went 6 hours without eating. This is neglect of his health needs and puts him at risk."

Example 2: "My daughter is self-harming nightly due to school anxiety. I've requested reasonable adjustments 3 times (in writing - dates X, Y, Z). School refuses. This failure is causing emotional harm."

Example 3: "My son was restrained face-down for 15 minutes after autistic meltdown. He has bruises on arms (photos attached). Restraint was inappropriate, excessive, and not in line with his behavior plan."

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Red Flags - Take Action NOW

🚨 Act Immediately If:

Child repeatedly excluded for disability-related behavior
EHCP provisions not implemented
Child injured/extremely distressed regularly
School reducing timetable without proper process
Inappropriate restraint used
School refusing reasonable adjustments
Child refuses school/shows trauma signs

Essential Contacts

Service	Contact
IPSEA	0800 018 4016 \| www.ipsea.org.uk
SOSSEN	020 3437 5842 \| www.sossen.org.uk
Your Local IASS	Search "[your area] SEND IASS"
SEND Tribunal	01325 392760 \| www.gov.uk/courts-tribunals/first-tier-tribunal-special-educational-needs-and-disability
Coram Children's Legal Centre	0300 330 5485
Contact (disabled children)	0808 808 3555
Ofsted	0300 123 1231 \| Report online
Local Authority MASH	Google "[your LA] MASH"

Template - Requesting Support

Dear [SENCO/Head],

I'm requesting specific support for [child name, year group] under the Equality Act 2010.

[Child] has [diagnosis] which means they require [specific needs]. Currently experiencing: [specific difficulties with examples and dates].

I believe these reasonable adjustments are necessary:

[Specific adjustment 1 with frequency/duration]
[Specific adjustment 2]
[Specific adjustment 3]

Please confirm within 10 school days whether these will be implemented and if not, provide written reasons why they're not considered reasonable adjustments.

I'd like a meeting to discuss. Please suggest dates and confirm I can bring a supporter.

Yours sincerely, [Name]

Page 8

The Golden Rules

✅ Always:

Communicate in writing (creates evidence)
Keep everything (emails, letters, reports, photos)
Be specific (not "needs support" but "needs 15min movement breaks hourly")
Reference law (Equality Act, SEND Code, Children & Families Act)
Document incidents (date, time, what, who, impact)
Be persistent but professional
Find your parent tribe (local SEND groups)
Celebrate small wins

❌ Never:

Accept "we don't have funding" for reasonable adjustments
Accept informal exclusions
Miss appeal deadlines (set phone reminders!)
Assume school knows best (YOU know your child)
Give up after first refusal (persistence wins)

Fighting for your child's education is exhausting. You're not just a parent - you're an unpaid case manager, advocate, therapist, and legal researcher. Some days you'll want to give up.

But here's the truth: Your advocacy matters. Every email, every meeting, every appeal - it makes a difference. You are your child's voice in a system that often fails them.

You don't need to be perfect. You don't need to know all the law. You don't need to win every battle. You just need to keep showing up.

You're doing an incredible job. Keep going. 💜

Need More Support?

Visit Awareverse for more guides, template letters, and a community that understands

www.Awareverse.co.uk

Helping families navigate education with confidence

Page 9

Education Rights
& School Support

Understanding SEN & Your Legal Rights

📚 What This Guide Covers

Day-to-Day Classroom Accommodations

Exclusions & Illegal School Practices

SEND Tribunal - Complete Appeals Process

🏛️ What is SEND Tribunal?

Step 1: Mediation (Required First)

Step 2: Register Appeal

Step 3: LA Response (30 working days)

Step 4: Your Reply (30 working days)

Step 5: Working Documents (2 weeks before hearing)

Step 6: Hearing (Usually 4-8 months after registration)

Step 7: Decision (Within 10 days)

Building Your Tribunal Case

Structure (10-20 pages typical):

Parent Advocacy - Step-by-Step Guide

Step 1: Document Everything (Start NOW)

Step 2: Request Meeting (In Writing)

Step 3: Prepare for Meeting

Step 4: Follow Up (Within 48hrs)

Step 5: Escalate If No Improvement (2-4 weeks)

Step 6: Nuclear Options (If Still Failing)

Real Example - Successful Advocacy

Safeguarding in School Context

🚨 What is Safeguarding?

Step 1: Report to School DSL (Designated Safeguarding Lead)

Step 2: Report to LA Safeguarding Team (MASH)

Step 3: Report to Ofsted (If Serious/Ongoing)

Step 4: Police (If Criminal)

Example Safeguarding Reports

Quick Reference & Essential Resources

Final Thoughts - You've Got This!

Need More Support?

Education Rights& School Support

Understanding SEN & Your Legal Rights

📚 What This Guide Covers

Day-to-Day Classroom Accommodations

Exclusions & Illegal School Practices

SEND Tribunal - Complete Appeals Process

🏛️ What is SEND Tribunal?

Step 1: Mediation (Required First)

Step 2: Register Appeal

Step 3: LA Response (30 working days)

Step 4: Your Reply (30 working days)

Step 5: Working Documents (2 weeks before hearing)

Step 6: Hearing (Usually 4-8 months after registration)

Step 7: Decision (Within 10 days)

Building Your Tribunal Case

Structure (10-20 pages typical):

Parent Advocacy - Step-by-Step Guide

Step 1: Document Everything (Start NOW)

Step 2: Request Meeting (In Writing)

Step 3: Prepare for Meeting

Step 4: Follow Up (Within 48hrs)

Step 5: Escalate If No Improvement (2-4 weeks)

Step 6: Nuclear Options (If Still Failing)

Real Example - Successful Advocacy

Safeguarding in School Context

🚨 What is Safeguarding?

Step 1: Report to School DSL (Designated Safeguarding Lead)

Step 2: Report to LA Safeguarding Team (MASH)

Step 3: Report to Ofsted (If Serious/Ongoing)

Step 4: Police (If Criminal)

Example Safeguarding Reports

Quick Reference & Essential Resources

Final Thoughts - You've Got This!

Need More Support?

Education Rights
& School Support