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Special Needs and Legal Entitlement, Second Edition

Special Needs and Legal Entitlement, Second Edition

Melinda Nettleton | John Friel

(2017)

Additional Information

Abstract

Fully updated to include the most recent developments in law and practice, the second edition of this comprehensive and straightforward guide to the legal rights of children and young people with special educational needs clearly explains the key issues in a complex system.

Helping parents to understand the legal entitlements of their child, Nettleton and Friel explain the new Education, Health and Care Plans which have replaced the Statements of Special Educational Needs. They explain what an Education, Health and Care Plan is, how assessments are carried out, and how annual reviews, amendments, rights of appeal and tribunals work in practice. They also include help with 42 of the most common problems encountered, a discussion of relevant cases, extracts from the official published guidance issued, and a draft Reasons for Appeal.

This essential handbook for parents of children with special educational needs will also be a key reference for teachers, charities, Local Authority officers, and lawyers in other fields.


Melinda Nettleton is the founding member and Principal Solicitor of SEN Legal and a Trustee of HACS (Hillingdon Autistic Care and Support). She is the mother of three children, one of whom has Special Educational Needs. She divides her time between London and Bury St Edmunds, UK.

John Friel is a barrister at Hardwicke with expertise in public law issues. He has won leading cases in the House of Lords, Court of Appeal, and High Court, and is featured in The Legal 500 and Chambers UK as an Education Law specialist. He is the author of Young Adults with Special Needs: Assessment, Law and Practice - Caught in the Acts, also published by Jessica Kingsley Publishers, and is based in London, UK.


This book takes a complex and confusing subject and 'unplaits the fog', giving clear explanations of the new legislation. It is an excellent read that I will want to return to time and time again. It will allow parents and professionals to negotiate the maze that is a child's entitlement.
Stephen Bradshaw, MD of Children’s Services, Cambian Group
A timely, important and accessible text designed to guide parents and others working on behalf of children and young people with significant and severe Special Educational Needs through revised legislation. This 'must-have' book offers direction, insight and understanding, delivered by authors with years of personal and legal experience working within the field.
Dr Lindsay Peer, CBE, educational psychologist
Perhaps the most frustrating aspect of having a child with a disability is trying to make sense of the provisions available from the state. John Friel and Melinda Nettleton's book is absolutely essential for any parent faced with this predicament - and I speak from personal experience.
Rosa Monckton, parent and disability rights campaigner

Table of Contents

Section Title Page Action Price
Special Needs and Legal Entitlement: The Essential Guide to Getting Out of the Maze, Second Edition by Melinda Nettleton and John Friel 3
Introduction 7
1. A Brief Description of the New System for Children and Young People with Special Educational Needs and Disabilities: A Comparison with the Old System 11
2. Emerging Problems 29
3. Identifying Children with Special Educational Needs 35
4. Health and Social Care Issues: Children Act Assessments and Care Act Issues 52
5. Code of Practice 84
6. Duty to Deliver Education and Choice of Schools 114
7. Practical Issues in Relation to EHC plans 130
8. Information Required to Prepare a Case and Expert Evidence 140
9. Right of Appeal and Mediation 158
10. Appeals from the First-tier Tribunal and Enforcement 180
11. On the Naughty Step 191
12. Deputyship: What is it? Do you need it? 227
13. 42 Common Problems: 42 is the Meaning of Life, the Universe and Everything and All That 240
Appendix 1: Reasons for Appeal: Two Examples 288
Appendix 2: Expert Reports: Two Examples 305
Appendix 3: The Special Educational Needs and Disability Regulations 2014 379
Appendix 4: The First-tier Tribunal Procedure Rules 416
Appendix 5: Table of Cases 446
Appendix 6: Guidance for Witnesses who Seek to give Expert Evidence in SEND 448
Index 455
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