Supporting Parents and Carers in School Disputes

Navigating School Disputes: A Guide for Parents and Carers

As a parent or carer, we want the best for our children’s education and wellbeing. When our children walk through those school gates, we expect that they are getting a fair education that they deserve, free from potential dangers or worries, that do not need to happen.  

However, disputes can sometimes arise between families and schools regarding key issues such as exclusions, special educational needs and disabilities (SEND), Education, Health, and Care Plans (EHCPs), and bullying along with many other issues. 

There are some schools (not all) that will go to great lengths to silence any wrongdoings and the truth of what really goes on behind the school gates. Despite being public bodies and owned by the British public, for which everything that happens inside those gates is of a public interest, it is unfortunate, but people do go to great lengths to keep the secrecy locked behind those gates. It is so very often, that we hear of parents and carers that come to a ‘dead end’ of a complaint or concern with nowhere to turn and one to turn to.

Understanding your rights and the processes involved can help you effectively advocate for your child.

At EDUAID UK, we provide expert support and guidance for parents and carers navigating school disputes. Whether you need help drafting letters, understanding your rights, or formal representation in formal procedures, our team is here to assist you at every stage.

Exclusion Disputes

Schools may exclude a child for disciplinary reasons, but exclusions must be fair, reasonable, and legal. If your child has been excluded:

  • Ensure you receive written notification explaining the reason for the exclusion.
  • You have the right to challenge the exclusion, particularly if it is unfair or disproportionate.
  • Fixed-term exclusions can be appealed through the school’s governing body, while permanent exclusions can be reviewed by an Independent Review Panel.
  • If your child has SEND, the exclusion must not be a result of unmet needs—contact EDUAID UK or engage with SEND support services.

 

SEND and EHCP Disputes

Children with special educational needs or disabilities are entitled to appropriate support. Disputes may arise regarding the level of support provided or the contents of an EHCP.

If you believe your child is not receiving adequate support, raise your concerns with the school’s SENCO (Special Educational Needs Coordinator).

You have the right to request an assessment for an EHCP if your child needs additional support beyond what the school can offer.

If an EHCP is refused or the support is inadequate, you can appeal to the Special Educational Needs and Disability Tribunal.

Mediation services are available to help resolve disputes before escalating to legal action.

EDUAID UK can assist in preparing appeals, providing representation, and guiding you through every step of the process to ensure your child receives the support they deserve.

Bullying and Safeguarding Concerns

Bullying can have a serious impact on a child’s wellbeing and education. Schools have a legal duty to protect children from harm. If your child is experiencing bullying:

  • Keep a record of incidents, including dates and details.
  • Report the bullying to the school in writing (by email) and follow up if no action is taken. Keep a record of all correspondence.
  • Request to see the school’s Anti-Bullying policy, Behaviour policy and Health & safety policy and ensure that they are being followed
  • If the issue remains unresolved, escalate the complaint to the school’s governing body or local education authority.

In cases of serious safeguarding concerns, consider contacting the local LADO,LEA, Social Services or the Police.

General Advice on Resolving Disputes

  • Communicate in Writing: Always keep a written record of correspondence with the school, best via email.
  • Understand the Policies: Familiarise yourself with school policies, government guidelines, and legal rights.
  • Seek Support: Charities, legal advice services, and advocacy organisations can offer guidance.
  • Use the Complaints Process: If informal resolution fails, escalate your concerns through the school’s complaints procedure.
  • Consider Mediation: Some disputes can be resolved through formal mediation before taking legal action.

At EDUAID UK, we offer practical support by helping you draft letters, submit complaints, engage in mediation along with many other aspects. We can also provide formal representation if necessary.

Where to Get Help

If you need further support, the following organisations can help:

  • EDUAID UK – Specialist support and representation for school disputes.
  • IPSEA (Independent Provider of Special Education Advice) – Legal advice for SEND and EHCP disputes.
  • Coram Children’s Legal Centre – Free legal advice on education matters.
  • NSPCC – Support for safeguarding concerns.

For personalised assistance, contact EDUAID UK today. 

Whether you need guidance at the informal stage or full representation in a formal procedure, we are here to ensure your child receives the education and protection they deserve.

Disclaimer: All content on this website and correspondence sent from EDUAID UK does not amount to 'legal advice'. EDUAID UK accepts no liability for the content of correspondence between EDUAID UK and yourself whether verbally or in writing. If you need 'legal advice', then you will need to speak to a solicitor. 

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