Education Law Experts Call on Council to Fulfil Legal Obligations to Children with Special Educational Needs

Legal Challenge Sparks Action After Months of Delays

Concerned about the impact on their son, the child’s family instructed Education Lawyers at Simpson Millar to challenge the local authority’s decision. Initially, Simpson Millar raised concerns with the council, highlighting its legal duty to ensure that the provision in the child’s EHCP was properly delivered.

The firm also advocated for the naming of a specific residential school which was identified as a suitable setting that could meet the child’s needs.

However, Durham County Council failed to act. After months of delays, legal proceedings were issued in the Administrative Court. It was not until proceedings were issued that the council finally agreed to name the residential school the parent’s requested and was able to meet need as the child’s placement, bringing the dispute to an end.

A formal consent order was subsequently signed, ensuring his transition to the new specialist residential school, where he has now started.

The prolonged lack of proper support had devastating effects on both the child and his family. In addition to struggling emotionally, the child was unable to engage with any meaningful education for months, further setting back his development. His mother described how the delays had left their family in an unbearable situation:

“Every day was a battle. My son was in crisis, and we were constantly struggling to manage. Without the right support in place, he was becoming more distressed, and it was having a huge impact on our whole family. We were desperate for help, but it felt like we were being ignored.”

Despite the family identifying the residential school as a suitable placement, Durham County Council initially refused to name it, arguing it was “over provision” and that a full-time residential placement was unnecessary.

A Call for Systemic Change

Heather Davidson, Education Lawyer at Simpson Millar, said: “We are delighted to have been able to resolve this matter on behalf of our client, but it should never have taken legal action to secure the education provision this child was legally entitled to.’’

“The delays meant months of unnecessary distress, with significant consequences for both the child and his family. Unfortunately, this is not an isolated case—we regularly see children out of school or receiving only a fraction of the support they need due to local authorities failing to meet their legal obligations. This needs to change.”

Simpson Millar, a leading law firm specialising in education judicial review cases, is calling on all local authorities, including Durham County Council, to ensure they meet their legal obligations and provide children with the specialist support they are entitled to without unnecessary delays.

When a child has an EHCP, councils are legally required to deliver the provision it outlines. Failure to do so risks significant harm to the child’s development, education, and mental health. In this case, legal intervention secured the right outcome—but no family should have to go through this battle simply to access the education their child is entitled to.

For families struggling to secure appropriate educational provision for their child, legal advice and advocacy can be crucial. Simpson Millar continues to support families nationwide to ensure children receive the education they deserve.