SEN Case Study

SEN Case Study

By Hannah Adams

Published: 17 Dec 2024

In a recent case, I acted for Mrs Price, the mother of a 9 year old boy with extreme anxiety, stemming from his unmet special educational needs. He had been on a waiting list for suspected Autism Spectrum Disorder for over 2 years and his mental health had deteriorated to the point where he was unable to attend school.

Mrs Price had been communicating with the school throughout this time about her son’s mental health but the school still recorded the absences as ‘unauthorised’. The Education Welfare Officer served Mrs Price with a Notice of Intended Prosecution for non-attendance at school and at that point she reached out to our Special Educational Needs team.

The SEN and Criminal Defence teams at Shentons worked together to produce a defence of the charge. We were able to prove the parent had been actively seeking support for the child’s mental health and diagnosis throughout the period with frequent contact with the GP which was reflected in the child’s medical records. The letter in defence was successful and the charges were dropped.

It was important to the success of this case that the parent was able to prove that they had actively sought medical advice and actively pursued support for her child including referral for diagnosis of a neurodiversity. If a child has a diagnosed disability or established special educational needs and they are suffering from poor mental health, it is important to be as proactive as possible in seeking help for your child and in creating a paper trail of what you are doing.

Ask the SENCo at the school for help and for a referral to the Mental Health Support Team (MHST). Think about whether your child’s SEN are being met by the school that they are in and whether they need an EHCP or a change of setting. If you are unsure about this, make sure you seek some independent legal advice, so you understand the statutory processes. If your child’s school is expressing concern about your child’s attendance, reach out to our specialist teams for advice today.