Legal aid is available subject to there being sufficient benefit to you in receiving this advice and if you are financially eligible. We are able to assess your eligibility at your first appointment or over the phone.
We would suggest that you seek legal advice to first check if the school has followed the correct procedure. We can advice you about whether the exclusion is in accordance with the law and whether you should challenge it. If you wish to challenge the exclusion this will initially be at a meeting with the Governors. If your child has been permanently excluded then you can appeal the decision of the Governors in a Tribunal. If your child has been excluded due to a matter linked to a disability it may also be possible to appeal the decision to Special Education Needs and Disability Tribunal.
We can advise you on how to appeal a decision, your chances of succeeding and help you prepare your application. In some cases it is possible to also represent you at any hearing.
It is possible to apply to appeal the decision either on the basis that the Education Authority has not applied the admission criteria properly or if you can prove that the prejudice caused to the school in admitting an extra pupil is outweighed by your reason why your child should attend this school. We can assist you by checking that the admission criteria have been correctly applied, and advising you of your prospects of success in appealing the decision not to admit your child. We can assist in the preparation of the application and advise you on the procedure of the appeal hearing.
The statement should be drawn up in consultation with you. If you do not agree with what is written in the statement, then we can assist you to challenge the contents, first by negotiation, and ultimately though an appeal to the Special Education Needs and Disability Tribunal.
It is possible to request an assessment of Special Educational Needs. The Education Authority has certain duties about when and how they should undertake this assessment. Please contact us should you require detailed advice on this process.
