Special Educational Needs and Disability and Appeals
All children and young people who have any kind of learning difficulty are entitled to be supported in law. Some needs will be more complex than others. Subject to the extent of your child/young person’s needs, you (or them, if over 16) will have the right to have their needs assessed to determine whether they require an Education, Health and Care Plan (EHCP). An EHCP is legal document in which your child/young person’s needs will be documented, described in detail, specified in terms of the required provision and, financially supported by the local authority. We work tirelessly to ensure that any EHCP is specific and commensurate to your child/young person’s needs and focus on the present and, their future. This process can be daunting, emotional and overwhelming for parents/young person. It is important to seek legal advice as soon possible so that you are aware of the process and what your legal rights are.
Anita has the ability to help parents navigate through a very emotional and paper heavy process which often leads to successful outcomes. Anita’s ability to be strategic in this area whilst negotiating with the local authority has led to many successful cases (generally without the need to attend a Tribunal hearing) saving the client both time and money and, most importantly achieving the best result for the child.
If you have any concerns relating to your child’s special educational needs, please get in touch. You may be experiencing some of the following issues:
- Your child’s special educational needs are not being recognised in school. This could give rise to a disability discrimination claim.
- You want to have your child’s special educational needs assessed.
- Refusal to provide your child with an EHCP.
- You have received an EHCP but are not happy with its content including the school that has been named. You want to appeal to the Tribunal.
Whatever your concern, feel free to contact us today for some specialist and caring advice.
Disputes with Independent Schools
This is an area in which Anita has a particular interest and is well known for her expertise. She regularly acts for parents who find themselves in dispute with independent schools covering a wide range of issues:
- school complaints
- standard /quality of education
- disciplinary issues
- discrimination
- breach of contract
- negligence
- non-payment of school fees
Independent Schools are very different to state schools in that they do not have to conform to the same legal principles. The parent’s relationship with an independent school is contractual therefore, the policies and procedures as well as the terms and conditions that are signed at the outset become critical in any dispute.
A lot of parents will feel that independent schools can do what they want, they are not above the law. They do have a lot more autonomy than state schools however, they must act fairly, in accordance with the rules of natural justice and, the Equality Act 2010 They still owe a duty of care to any child that attends their school. As parents are paying school fees, the levels of expectations are increased.
It is always worth trying to resolve disputes internally and amicably. by speaking to the teachers or Headteacher. If this is not possible, you should consider raising your concerns in writing and use the school’s formal complaints procedure. Every school must have one in writing. This is made available on request if it does not appear on the school’s website.
If you find yourself in dispute with an independent school and need legal advice, we are here to help. Contact us today.
School Admission Appeals
This can be a very difficult time for parents. It is stressful and overwhelming. However, it is important not to panic and to ensure that you seek legal help at the outset. We can help you prepare your case to the best of our abilities whilst taking you through the plethora of information available in layman’s terms.
What to do if you fail to secure a secondary school place? Top Tips….
- Don’t panic and don’t despair. Although it may seem like all is lost, it isn’t. You still have the right to appeal.
- It is a good idea to accept the school that you have been offered so that your child has somewhere to go, even if this is a school you did not put down on your choice list. Accepting it will not prejudice your right to appeal.
- Make sure you’ve done sufficient research on your first-choice school, familiarising yourself with its over-subscription criteria.
- Make sure that your child’s name is on the waiting list of your first choice school.
- Think carefully about your reasons for appeal. Are they as strong as they could be? Be sure to emphasise your most persuasive argument first.
- Be sure to gather as much relevant evidence as possible to support your appeal.
- Any medical and/or social reasons must have official supporting evidence, such as a letter from a doctor etc.
- Keep in mind any time restrictions relating to your appeal — it would be a shame to miss out because of something as simple as poor time-keeping.
- Check out the School Admission and the School Admission Appeals Codes. The more research you do, the better prepared you will be.
- Preparation is vital for any appeal.
For any further advice and assistance, contact us today.
School Exclusion Appeals
School exclusions should be used as a last resort by Head teachers when disciplining a child. Much will depend on the seriousness of the alleged offence. Exclusions are carefully governed by the law as they can have a lasting impact on the child however, if your child has been excluded, it does not mean that their future will be harmed forever. We know this can be a big worry for parents and pupils alike. If your child has been permanently excluded or excluded for a fixed term period which you believe is unfair, it is important to seek legal advice straight away.
In state schools, you can challenge the permanent exclusion by appealing to the Governing Body. They have the power to reinstate your child if they find that the exclusion was unfair in the circumstances. If you are unsuccessful and the Governing Body do not reinstate your child, you will have the opportunity to appeal to the Independent Review Panel (IRP) however, they cannot order reinstatement. They can either uphold the decision, recommend or direct that the matter is reconsidered by the Governing Body on the basis of judicial review principles (procedural unfairness, illegality or irrationality of the decision). There is no further right of appeal against the decision of the IRP but if you feel that the process was unfair, you may be able complain about maladministration by the IRP. A successful complaint may result in a recommendation that a new IRP should be arranged, but the decision to uphold the exclusion cannot be overturned.
It is therefore important to seek legal advice as soon as possible after the initial exclusion has taken place. We are here to help and can provide you with expert legal advice and assistance. Contact us today.
Regulatory and Discipline
Anita has developed an interest in assisting teachers in cases brought before the Disclosure and Barring Service (DBS) and the Teaching Regulation Agency (TRA). It is an area which Anita has built a burgeoning practice over the years. She has been acting for teachers since the days when the TRA was previously known as the General Teaching Council, then the National College for Teaching and Leadership and now the TRA. Under Anita’s counsel, guidance and advice, no teacher has been struck off nor placed on the barring list. She works tirelessly to ensure that her clients are given the best advice as their entire career is at stake.
If you find yourself in a position where you have been referred to the DBS or the TRA, it is important that you seek legal advice urgently. We are here to help. Contact us today.
a boutique law firm
specialists in education law
providing clients with a personal touch, excellent service, caring and honest advice
about anita
Anita has a highly regarded reputation as an education lawyer. She is a leading expert in this field with experience spanning over 20 years. She acts for parents, children and teachers against local authorities and schools. Her vibrancy, creativity and resolve to do right by her clients have led to many successful conclusions on what are sometimes difficult cases. This saves both time and money whilst achieving the best outcome for the client.
about anita
Anita Chopra is a specialist in Education law. She qualified as a Solicitor in November 2001. 4 years later, in 2005, Anita’s sheer passion, determination and tenacity for the law led her to co-found her own firm: Match Solicitors, a boutique Education Law Practice. She was the youngest Solicitor, at the time, to set up her own law firm; a personal dream and achievement for her. One year after inception, the firm entered the top tier of the Legal 500 and featured in Chambers U.K for Education Law; the individual. This success was maintained throughout. Anita helped build and run the firm with much love and hard work until the brand was sold in June 2018.
Anita’s main areas of expertise include: special educational needs, advising on Education Health and Care Plans and, Appeals to the Tribunal which have a very high track record of settling before the final hearing. She regularly acts for parents whose children have been excluded from schools, school admission appeals and school complaints. Anita has a formidable reputation for acting for parents who have disputes with independent schools; one of the few specialists in this particular area. She has a burgeoning employment law practice which compliments her main area of expertise. She specialises in representing teachers and head teachers facing internal disciplinary procedures as well as having an ability to negotiate Settlement Agreements where possible. In addition, she has successfully defended many teachers facing career changing regulatory cases of misconduct before the Teaching Regulation Agency and/or the Disclosure and Barring Service.
Anita’s expertise and knowledge of the law are unparalleled. Clients have a great deal of respect for Anita’s abilities, personal touch, empathy, and above all, her honesty in the advice that she gives. She strongly believes that the client should hear the advice they need to hear rather than what they want to hear. This may be difficult to execute at times but she stands by the importance of telling people the truth.
The media has regularly turned to Anita as their primary consultant on education related issues. Over the years, she has appeared in most national newspapers, mainstream radio and TV stations and has been repeatedly asked to comment on live education law issues. Anita has also written education law modules, presented at several seminars and lectures and, was part of the Advocacy Service of the National Autistic Society for many years.
key services
Special Educational Needs & Disability and, Appeals
Special Educational Needs & Disability and, Appeals
Special Educational Needs and Disability and Appeals
This area has a past success rate of over 95% of the cases settling before reaching the Tribunal. This saves the client both time and money and achieves the best result for the child. Anita’s ability to help parents navigate through a very emotional and paper heavy process is one that clients warm to.
Disputes with Independent Schools
Disputes with Independent Schools
Disputes against Independent Schools
This has been an area that Anita has specialised in very early on in her career. She is one of the few Solicitors that acts for the parent and not the school. Through her honesty of advice and negotiation skills, Anita has gained a formidable reputation as a result.
School Admission Appeals
School Admission Appeals
School Admission Appeals
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School Exclusion Appeals
School Exclusion Appeals
School Exclusion Appeals
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Regulatory and Discipline
Regulatory and Discipline
Regulatory and Discipline
Regulatory and Discipline in particular actions against the Teaching Regulation Agency (TRA) – this is an area Anita has a particular interest in and has built a burgeoning practice over the years. She has been acting for teachers since the days when the TRA was previously known as the General Teaching Council and then the National College for Teaching and Leadership. Under Anita’s counsel, guidance and advice, no teacher has been struck off.
Employment Law
Anita specialises in acting for the individual in employment disputes and has developed a particular interest and specialism in acting for teachers. Anita’s expertise in Education Law compliments her knowledge within this sector and clients appreciate the holistic approach and advice she can provide.
It is always difficult when an employment dispute arises as this can be a very stressful time for the employee. Whether you have a grievance to make against your employer or wish to defend a capability or disciplinary process, it is important to seek legal advice as soon as possible so that you feel supported. Anita’s practical advice can often lead to favourable settlements which, within the employment sphere, can be of paramount importance to employees and, especially to teachers.
Anita also has a wealth of experience in acting for employees in the Employment Tribunal and works with a team of expert Barristers to provide a full and powerful legal team to act for the client.
If you think you have been:
- unfairly dismissed,
- made redundant unfairly,
- discriminated against on the basis of your race, nationality, age, sex, disability or,
- want to claim constructive dismissal,
it is advisable to seek legal advice without delay because the deadlines in Employment Tribunal are strict and tight.
A claim in the Employment Tribunal can take up to an estimated 12 months to conclude from issuing the claim form to Trial depending on the circumstances of your case. Your case can of course settle at any stage if both parties are willing to negotiate.
Costs:
Please note that all fees and disbursements will attract VAT at a rate of 20%
If you find yourself in a situation where you must issue a claim in the Employment Tribunal, legal costs will need to be a consideration for you.
You should first check to see if you have any legal expenses insurance on any policy you may have which would cover the costs of your claim. If you do, you should contact your insurance company urgently and discuss the potential claim with them. If they agree to cover your claim, we are happy to accept their fee structure and assist you.
If you do not have legal expenses insurance, we will consider your case and offer you a fixed fee for the entire process, the amount of which will be determined once we have seen the extent of your documents and considered the legal issues in your case. Every case rests on its own merits and is very different therefore, we cannot offer a blanket fixed fee for all cases. A fixed fee will offer you cost stability and certainty. A fixed fee will detail each item of work that is covered within that fee so that there is clarity.
We charge in stages of work by issuing you an invoice for each stage.
We reserve the right to vary and/or provide additional fixed fees in the event that your case raises any particular complex legal arguments or if, for example, the Trial is listed for longer than initially anticipated, there is a large amount of documents or witnesses or, it is necessary to make or defend applications. Please note that this list is not exhaustive.
A case of medium complexity, in the Employment Tribunal, could cost an estimated £15,000 – £20,000 plus VAT depending on complexities. This fee would cover the entire process from start to the end of a Tribunal case to include, reviewing documents, advising on the merits of the claim, instructing Counsel to draft the ET1, considering the Respondent’s ET3, collating and assisting with disclosure, meeting Court deadlines, dealing with additional applications where necessary, preparing Witness Statements, considering Bundles for Trial, liaising with the Tribunal, the Respondent and advising you as the client throughout the case and, instructing Counsel where necessary to draft documents, attend conferences and, represent you at Trial. This fee does not include any fees for Counsel. Those would need to be agreed with you separately and are charged in addition. Their fee will depend on the length of the Trial, their seniority and experience. As an estimate, Counsel of about 12 year’s experience for a 4 – 5 day Trial could cost an estimated £10,000 – £12,000 plus VAT. This would usually include a pre trial conference, preparation and representing you at Trial. Charges for drafting documents would be in addition and agreed with you in advance.
There may be times when charging you an hourly rate would be more beneficial. If so, this will be discussed with you.
All fees are discussed and agreed with you in advance so that there is no confusion or error. Please note that the above information is being provided as a guide only. We will be able to give you a much better and more accurate fee for a claim in the Employment Tribunal once we have reviewed your papers and taken initial instructions from you and, your case has been fully evaluated.
It is important to engage with what you hope to achieve through any legal process that you wish to embark on.
If you need to discuss a claim, we are here to help. Contact us today for more information.
Employment Law
Employment Law
Employment Law
Anita specialises in acting for teachers with any grievance issues, disciplinary matters and/or agreeing Settlement agreements for employees.
Anita also regularly assists parents with School Admission Appeals, Exclusion Appeals and School Complaints.
testimonials
“Thanks to Anita, I was successful in my representation for my DBS. She helped me in my time of need and for that I’m very grateful. Anita is very professional and did her best to support and advocate for me.”
Anonymous
“During a particularly difficult negotiation with our local authority regarding a SEN school placement, Anita’s services were invaluable. She was knowledgeable, responsive and professional, and her interventions resulted in us getting the placement we wanted without needing to go to tribunal or judicial review – a result in which we had given up hope.”
Mrs East
“Our 11 year old son, who was very early in his secondary school career and previously had no history at all of bad behaviour, unfortunately made a very dangerous choice in response to a deeply emotional trigger linked to grief. Nobody was harmed but he did commit an offence. As a consequence, the school threw the book at him, permanently excluding him in an instant and overnight we were plunged into an emotional and legal nightmare. Fortunately we engaged Anita’s help early on and she provided clear, experienced but most importantly empathetic advice. She also took control of the communications with relevant parties. In the end, Anita helped us right through the process, along with a fantastic barrister recommended by Anita who represented us at the governors disciplinary panel and subsequently at an Independent Review Panel. The outcome of the whole process was never a foregone conclusion, the situation was extremely complex and Anita rightly did not keep us under any illusions. However she always remained positive, candid and constructive. Ultimately the IRP recommended that the governors reconsider and a second governors panel reinstated our son.”
Anonymous
“Anita was honest, clear and extremely approachable. Her advice and guidance was invaluable and left me with a clear strategy which successfully gave the result and outcome that I wanted. I would highly recommend her and commission her services again without any doubt. Her knowledge of education and SEND law was excellent.”
Anonymous
“Anita responded quickly and briefly listened to my concerns, which many solicitors insist on payment prior to any conversation. She was clear and realistic in the outcome, yet caring and gave advice even after the initial consultation. I would highly recommend her.”
R.D
“I would like to express my gratitude to you Anita for your work on my daughter’s case. the events leading to her case has had the most devastating impact on our life. the result in wining our case means some closure and a positive impact to my daughter’s life. Thank you and good luck with your work going forward.”
M.W
“Getting into a potential conflict with a school is an emotional experience because it involves the ones you love the most, your children. It is hard to stay level-headed, calm and exercise good judgement. It is important to have someone on your side who does. Anita is just such a person. Emphatic certainly, but moreover calm, precise, accurate and, extremely knowledgeable. We did reach the outcome we were hoping for, much of this thanks to Anita’s guidance and support.”
Anonymous
“Without Anita, we would not have won our appeal. As parents, we would have been lost in a time that clarity of mind to do what was needed. Her expertise and pragmatic approach to school exclusion leads quick resolution and peace of mind. Thank you for your help.”
Anonymous
“Anita was amazing from the start of the process to the end of the process. The communication from Anita was fantastic and the response time was quick and informative. Anita helped me in so many ways and I am forever grateful. It was a stressful time and Anita supported, listened and guided me through it with her knowledge and expertise. Her attention to detail for my case was outstanding and she helped me achieve the best result. Forever grateful. Highly recommended.”
A.Y
“If you are looking for an Employment Solicitor, please don’t look any further. Anita is a first class professional who goes the extra mile to support and guide you. I didn’t realise solicitors like her existed! My case was extremely complex and continued for a number of months due to its complexity and backlog in the court system. Anita’s expertise, patience and kindness never ran out and she guided and advised me through the most difficult and distressing months of my life. I am forever grateful. Anita gave me strength and I don’t know where I would have been without her guidance and assistance.”
Anonymous
“Anita was very patient with us and articulated the strategy on how best to deal with our situation. She helped us to avoid doing anything that could have acted against us. So thanks again, without her, we would not have achieved the outcome we did. The work she did was spot on and laid the ground work better than anything we could have done.”
Mr and Mrs Jaswal & A Jaswal
“Anita is a fabulous education lawyer. I trusted her completely and felt that like my daughter’s case was in the best hands. Her communication was wonderful and advice very thorough. Thank you.”
P.S
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Anita Chopra is the trading name of Anita Chopra Consultancy Ltd; a Firm of Solicitors authorised and regulated by the Solicitors Regulation Authority, SRA number 670232. Registered in England and Wales, number 12141057.